R-99-06-24-10E2 - 6/24/1999November 03, 1999
DEAR Mr. Sheets:
Sanctity of Contract
STEWART TITLE AUSTIN, INC.
100 Congress, Suite 200 + Austin, TX 78701
(512) 472 -9231 + (512) 472 -3101 fax
Mr. Steve Sheets
Brown, McCarroll, Sheets & Crossfield
309 E. Main Street
Round Rock, Texas 78664
RE: GF #: 99040299
Purchaser: THE CITY OF ROUND ROCK, TEXAS
Seller: TRJ NELSON PARTNERSHIP
Legal: 47.413 acres of land, more or less, out of the WILLIS
DONAHO SURVEY, Abstract No. 173 in Williamson County,
Texas, and being more fully described by metes and
bounds in Exhibit "A" attached hereto and made a part
hereof.
Enclosed are the following items pertaining to the above referenced
file:
OWNER'S TITLE POLICY
ORIGINAL RECORDED DEED AND NOTICE
Please call if I may be of further assistance.
Yours truly,
By: v_VJ
PHYLLI URDINE
POLICY DEPARTMENT
Fotm T -1 OWNER POLICY OF TITLE INSURANCE
If you Want information about coverage or need assistance to resolve complaints, please call our toll free number 1 -800- 729 -1902. If you make a claim under your
policy, you must furnish written notice in accordance with Section 3 of the Conditions and Stipulations. Visit our World -Wide Web site at http: / /www.stewart.com
581 (rev. 10 -1 -97)
OWNER'S POLICY OF TITLE INSURANCE ISSUED BY
C rm= the Boar
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Countersig
. ' • x 689
STEWART TITLE
GUARANTY COMPANY
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED
IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, STEWART TITLE GUARANTY COMPANY, a
Texas corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage
not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of:
1. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Any statutory or constitutional mechanic's, contractor's , or materialman's lien for labor or material having its
inception on or before Date of Policy;
4. Lack of a right of access to and from the land.
5. Lack of good and indefeasible title.
The Company also will pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only
to the extent pro 'ded in the Conditions and Stipulations.
IN WIT . WHEREOF, Stewart Title Guaranty Company has caused this policy to be signed and sealed by its
duly author' ' o h leers as of the Date of Policy shown in Schedule A.
TEWART TITLE
GUARANTY COMPANY
cr tljgdlrgetOWn, TX 78626 EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs,
attorneys' fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including hut not limited to building and zoning laws, ordinances, or regulations)
restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location
of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or
any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or
governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting
from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a
defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date
of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not
excluding from coverage any taking that has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value
without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in
writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy;
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured
by this policy.
4. The refusal of any person to purchase, lease or lend money on the estate or interest covered hereby in the land described in Schedule A
because of unmarketability of the title.
5. Any claim, which arises out of the transaction vesting in the person named in paragraph 3 of Schedule A the estate or interest insured by
this policy, by reason of the operation of federal bankruptcy, state insolvency, or other state or federal creditors' rights laws, that is based
on either (i) the transaction creating the estate or interest Insured by this Policy being deemed a fraudulent conveyance or fraudulent
transfer or a voidable distribution or voidable dividend, (ii) the subordination or recharacterization of the estate or interest insured by
this Policy as a result of the application of the doctrine of equitable subordination, or (iii) the transaction creating the estate or interest
insured by this Policy being deemed a preferential transfer except where the preferential transfer results from the failure of the Company
or its issuing agent to timely file for record the instrument of transfer to the insured after delivery or the failure of such recordation to
impart notice to a purchaser for value or a judgment on lien creditor.
Serial No. 0- 5893 -2183
Presi tint
CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS.
The following terms when used in this policy mean:
(a) "insured ": the insured named in Schedule A, and, subject to any rights or defenses the Company would have had against the
named insured, those who succeed to the interest of the named insured by operation of law as distinguished from purchase including, but not
limited to, heirs, distributees, devisees, survivors, personal representatives, next of kin, or corporate, partnership or fiduciary successors, and
specifically, without limitations, the following: (i) the successors in interest to a corporation resulting from merger or consolidation or the
distribution of the assets of the corporation upon partial or complete liquidation; (ii) the partnership successors in interest to a general or
limited partnership which dissolves but does not terminate; (iii) the successors in interest to a general or limited partnership resulting from the
distribution of the assets of the general or limited partnership upon partial or complete liquidation; (iv) the successors in interest to a joint
venture resulting from the distribution of the assets of the joint venture upon partial or complete liquidation; (v) the successor or substitute
trustee(s) of a trustee named in a written trust instrument; or (vi) the successors in interest to a trustee or trust resulting from the distribution
of all or part of the assets of the trust to the beneficiaries thereof.
(b) "insured claimant ": an insured claiming loss or damage.
(c) "knowledge" or "known ": actual knowledge, not constructive knowledge or notice that may be imputed to an insured by reason
of the public records as defined in this policy or any other records which impart constructive notice of matters affecting the land.
(d) "land ": the land described or referred to in Schedule A, and improvements affixed thereto that by law constitute real property.
The term "land" does not include any property beyond the lines of the area described or referred to in Schedule A, nor any right, title,
interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit
the extent to which a right of access to and from the land is insured by this policy.
(e) "mortgage ": mortgage, deed of trust, trust deed, or other security instrument.
(f) "public records ": records established under state statutes at Date of Policy for the purpose of imparting constructive notice of
matters relating to real property to purchasers for value and without knowledge. With respect to Section 1(a) (iv) of the Exclusions From
Coverage, "public records" also shall include environmental protection liens filed in the records of the clerk of the United States district
court for the district in which the land is located.
(g) "access ": legal right of access to the land and not the physical condition of access. The coverage provided as to access does not
assure the adequacy of access for the use intended.
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE.
The coverage of this policy shall continue in force as of Date of Policy in favor of an insured only so long as the insured retains an
estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from the insured,
or only so long as the insured shall have liability by reason of covenants of warranty made by the insured in any transfer or conveyance
of the estate or interest. This policy shall not continue in force in favor of any purchaser from the insured of either (i) an estate or interest
in the land, or (11) an indebtedness secured by a purchase money mortgage given to the insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT.
The insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 4(a) below or, (ii) in
case knowledge shall come to an insured hereunder of any claim of title or interest that is adverse to the title to the estate or interest, as
insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy. If prompt notice shall not be
given to the Company, then as to the insured all liability of the Company shall terminate with regard to the matter or matters for which prompt
notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any insured under this policy
unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice.
When, after the Date of Policy, the insured notifies the Company as required herein cf a lien, encumbrance, adverse claim or other
defect in title to the estate or interest in the land insured by this policy that is not excluded or excepted from the coverage of this policy, the
Company shall promptly investigate the charge to determine whether the lien, encumbrance, adverse claim or defect is valid and not barred
by law or statute. The Company shall notify the insured in writing, within a reasonable time, of its determination as to the validity or invalidity
of the insured's claim or charge under the policy. If the Company concludes that the hen, encumbrance, adverse claim or defect is not
covered by this policy, or was otherwise addressed in the closing of the transaction in connection with which this policy was issued, the
Company shall specfically advise the insured of the reasons for its determination. If the Company concludes that the lien, encumbrance,
adverse claim or defect is valid, the Company shall take one of the following actions: (i) institute the necessary proceedings to clear the lien,
encumbrance, adverse claim or defect from the title to the estate as insured; (ii) indemnify the insured as provided in this policy;(iii) upon pay-
ment of appropriate premium and charges therefore, issue to the insured claimant or to a subsequent owner, mortgagee or holder of the estate
or interest in the land insured by this policy, a policy of title insurance without exception for the lien, encumbrance, adverse claim or defect,
said policy to be in an amount equal to the current value of the property or, if a mortgagee policy, the amount of the loan; (iv) indemnify
another title insurance company in connection with its issuance of a policy(ies) of title insurance without exception for the lien, encumbrance,
adverse claim or defect; (v) secure a release or other document discharging the lien, encumbrance, adverse claim or defect; or (vi) undertake
a combination of (i) through (v) herein.
4. DEFENSE AND PROSECUTION OF ACTIONS: DUTY OF INSURED CLAIMANT TO COOPERATE.
(a) Upon written request by the insured and subject to the options contained in Section 6 of these Conditions and Stipulations, the
Company, at its own cost and without unreasonable delay, shall provide for the defense of an insured in litigation in which any third party
asserts a claim adverse to the title or interest as insured, but only as to those stated causes of action alleging a defect, lien or
encumbrance or other matter insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the
right of the insured to object for reasonable cause) to represent the insured as to those stated causes of action and shall not be liable for and
will not pay the fees of any other counsel. The Company will not pay any fees, costs or expenses incurred by the insured in the defense of
those causes of action that allege matters not insured against by this policy.
(b) The Company shall have the right, at its own cost, to institute and prosecute any action or proceeding or to do any other act that
in its opinion may be necessary or desirable to establish she title to the estate or interest, as insured, or to prevent or reduce loss or damage
to the insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable hereunder,
and shall not thereby concede liability or waive any provision of this policy. If the Company shall exercise its rights under this paragraph, it
shall do so diligently.
(c) Whenever the Company shall have brought an action or interposed a defense as required or permitted by the provisions of this
policy, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right,
in its sole discretion, to appeal from any adverse judgment or order.
(d) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceed-
ing, the insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, and all appeals
therein, and permit the Company to use, at its option, the name of the insured for this purpose. Whenever requested by the Company, the
insured, at the Company's expense, shall give the Company all reasonable aid (i) in any action or proceeding, securing evidence, obtaining
witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion
of the Company may be necessary or desirable to establish the title to the estate or interest as insured. If the Company is prejudiced by the
failure of the insured to furnish the required cooperation, the Company's obligations to the insured under the policy shall terminate,
including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such
cooperation.
NT
„R! TF RULES
a UUII
PROPERTY
TYPE
3 L
COUNTY
CODE
4 491
5
LIABILITY Af
REISSUE RATE
7
PREMIUM AMOU
1 4 110.00
T -1 OWNER POLICY SCHEDULES - FORM PRESCRIBED BY THE TEXAS DEPARTMENT OF INSURANCE - REVISED 1/1/93
SCHEDULE A
OOC NO.: 99041954
GF NO.: 99040299 UNIT NO. 32
Owner Policy No.: 0 -5893- 000002183 Date of Policy: July 28, 1999
Amount of Insurance: $ FIVE HUNDRED NINETY -SIX THOUSAND FIVE HUNDRED &
00 /100 -- ($596,500.00) -- DOLLARS
1. Name of Insured: THE CITY OF ROUND ROCK, TEXAS
2. The estate or interest in the land that is covered by this policy is:
FEE SIMPLE
3. Title to the estate or interest in the land is insured as vested in:
THE CITY OF ROUND ROCK, TEXAS
4. The land referred to in this policy is described as follows:
47.413 acres of land, more or less, out of the WILLIS DONAHO
SURVEY, Abstract No. 173 in Williamson County, Texas, and being
more fully described by metes and bounds in Exhibit "A”
attached hereto and made a part hereof.
STEWART TITLE
5812 (Rev. 1.133) GUARANTY COMPANY
T -1 Owner Policy Schedules - Form Prescribed by the Texas Department of Insurance - Revised 1/1/93
This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses)
that arise by reason of the terms and conditions of the leases and easements, if any, shown in Schedule A, and the
following matters:
1. P. A6 JX aXeXcl lfr}ia7dIIF7bBPBEdfr SWie
(The Company must either insert specific recording data or delete this exception.)
(THIS EXCEPTION IS DELETED IN ITS ENTIRETY.)
2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or
protrusions, or any overlapping of improvements.
3. Homestead or community property or survivorship rights, if any, of any spouse of any insured.
4. Any titles or rights asserted by anyone, including, but not limited to, persons, the public, corporations,
governments or other entities,
a. to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams,
lakes, bays, gulfs, or oceans or
b. to lands beyond the line of the harbor or bulkhead lines as established or changed by any
government or
c. to filled -in lands, or artificial islands, or
d. to statutory water rights, including riparian rights, or
e. to the area extending from the line of mean low tide to the line of vegetation , or the right of
access to that area or easement along and across that area.
5. Standby fees, taxes and assessments by any taxing authority for the year]. 999 and subsequent years,
and subsequent taxes and assessments by any taxing authority for prior years due to change in land
usage or ownership.
6. The following matters and all terms of the documents creating or offering evidence of the matters:
(The Company must insert matters or delete this exception.)
7. The right of Roland Wieland to harvest crops on subject
property, as set out in a Letter Agreement dated April 1999,
not of record.
8. The following easements, if located so as to affect the subject
property: a) Easement dated June 15, 1928 to Lone Star Gas
recorded in Volume 238, Page 184, Deed Records, Williamson
County, Texas; b) Easement dated June 17, 1960 to Texas Power &
Light Co. recorded in Volume 489, Page 276, Deed Records,
Williamson County, Texas; c) Easement dated September 8, 1964
to Texas Power & Light Co. recorded in Volume 473, Page 542,
Continued on next page
Countersi
By:
Authori
5813 (Rev. 1 -1 -93)
OWNER POLICY
SCHEDULE B
EXCEPTIONS FROM COVERAGE
EORGETOWN TITLE COMPANY, INC.
i n r ersignature
Policy No. 0- 5893- 000002183
STEWART TITLE
GUARANTY COMPANY
SCHEDULE B CONTINUED
0- 5893 - 000002183
SCHEDULE "B" CONTINUED
Deed Records, Williamson County, Texas; d) Easement dated July
19, 1951 to Texas Power & Light Co. recorded in Volume 373,
Page 561, Deed Records, Williamson County, Texas; e) Easement
dated July 11, 1940 to Texas Power & Light Co. recorded in
Volume 304, Page 258, Deed Records, Williamson County, Texas.
9. Overhead power lines and poles, as shown on survey dated May 7,
1999 prepared by Williamson F. Forest, Jr., Registered
Professional Land Surveyor No. 1847.
10. The rights of Brushy Creek Water Control and Improvement
District No. 1 to levy taxes and issue bonds.
DESCRIPTION FOR T.R.J. NELSON PARTNERSHIP
ROUND ROCK SOCCER ASSO.
BEING 47.413 acres of the Willis Donaho Survey, Abstract No.
173, in Williamson County, Texas; part of the 47.46 acre First
Tract which is described in a deed to T.R. J. Nelson Partnership,
recorded in Document 9610394, Official Records of Williamson
County, Texas. Surveyed on the ground in May of 1999, by William
F. Forest, Jr., Registered Professional Land Surveyor No. 1847.
BEGINNING at an iron pin which was found in a fence, at the
Southwest corner of the said 47.46 acre First Tract.
THENCE with the West line of the said 47.46 acre tract, N 00
deg. W (North) 2316.89 feet to an iron pin set.
THENCE with the South line of Couinty Road 113, N 90 deg. E
(East) 686.30 feet to an iron pin found at the Northwest fence
corner of a tract owned by Mrs. E.E. Johnson and described in Vol.
347, Pg. 581.
THENCE along an existing fence, S 00 deg. 10 min. 20 sec. W
313.57 feet to an iron pin set; and N 89 deg. 21 min. 22 sec. E
238.83 feet to an iron pin found.
THENCE with the West line of County Road 122, S 00 deg. 00
min. 52 sec. W 2003.95 feet to a steel cotton spindle set.
THENCE finding iron pipes as follows; S 89 deg. 50 min. W
150.00 feet; S 89 deg. 55 min. 41 sec. W 299.89 feet; S 89 deg. 50
min. W 445.70 feet; and N 89 deg. 53 min. 50 sec. W 28.08 feet to
the POINT OF BEGINNING.
STATE OF TEXAS
COUNTY OF WILLIAMSON
FOREST SURVEYING AND MAPPING CO.
1002 Ash St.
Georgetown, Tx. 78626
I, WM. F. FOREST, JR., do hereby certify that this survey was
made on the ground of the property legally described hereon and is
correct and that there are no significant boundary line conflicts,
shortages in area, apparent protrusions, intrusions or overlapping
of improvements, utility lines or roads, except as shown on the
attached plat, and that said property abuts a public roadway,
except as shown. Ownership and easement information for this tract
has not been researched except as shown on the attached plat.
KNOW ALL MEN BY THESE PRESENTS;
TO CERTIFY WHICH, WITNESS my hand and seal at Georgeto
Texas, this the 10TH day of May, 1999, A.D. File: wp21:RRSA
WM.F. FOREST JR.
ISTERED PROFESSIONAL LAND SURVEYOR NO. 1847
EXHIBIT A
S T E W A R T T I T L E
GUARANTY COMPANY
IMPORTANT NOTICE
FOR INFORMATION, OR
TO MAKE A COMPLAINT
CALL OUR TOLL -FREE TELE-
PHONE NUMBER
1 -800- 729 -1902
ALSO
YOU MAY CONTACT
THE TEXAS DEPARTMENT
OF INSURANCE AT
1- 800 - 252 -3439
to obtain information on:
1. filing a complaint against an insurance
company or agent,
2. whether an insurance company or agent is
licensed,
3. complaints received against an insurance
company or agent,
4. policyholder rights, and
5. a list of consumer publications and
services available through the Department.
YOU MAY ALSO WRITE TO
THE TEXAS DEPARTMENT OF
INSURANCE
P.O. BOX 149104
AUSTIN, TEXAS 78714 -9104
FAX NO. (512) 475 -1771
AVISO IMPORTANTE
PARA INFORMACION, 0
PARA SOMETER UNA QUEIA
LLAME AL NUMERO GRATIS
1- 800- 729 -1902
TAMBIEN
PUEDE COMUNICARSE CON
EL DEPARTAMENTO DE SEGUROS
DE TEXAS AL
1- 800- 252 -3439
para obtener informacion sobre:
1. como someter una queja en contra de una
compaiiia de seguros o agente de seguros,
2. si una companfa de seguros o agente de
seguros tiene licencia,
3. quejas recibidas en contra de una companfa
de seguros o agente de seguros
4. los derechos del asegurado, y
5. una lista de publicaciones y servicios para
consumidores disponibles a [rav @s del
Departamento.
TAMBIEN PUEDE ESCRIBIR AL
DEPARTAMENTO DE SEGUROS DE
TEXAS
P.O. BOX 149104
AUSTIN, TEXAS 78714 -9104
FAX NO. (512) 475 -1771
CONDITIONS AND STIPULATIONS Continued
5. PROOF OF LOSS OR DAMAGE.
In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided the Company, a proof of loss or damage signed
and swum to by the insured claimant shall be furnished to the Company within 91 days after the insured claimant shall ascertain the facts giving rise to the loss or damage.
The proof of loss or damage shall describe the defect in, or lien or encumbrance on the title, or other matter insured against by this policy that constitutes the basis of
loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the insured
claimant to provide the required proof of loss or damage, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation
to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage.
In addition, the insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall
produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records,
books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Policy, which reasonably pertain to the loss or damage. Further,
if requested by any authorized representative of the Company, the insured claimant shall grant its permission, in writing, for any authorized representative of the Company
to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to
the loss or damage. All information designated as confidential by the insured claimant provided to the Company pursuant to this Section shall not be disclosed to others
unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the insured claimant to submit for examination under oath,
produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in this paragraph shall
terminate any liability of the Company under this policy as to that claim.
6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY.
In case of a claim under this policy, the Company shall have the following addittonal options:
(a) To Pay or Tender Payment of the Amotmt of Insurance.
(i) to pay or tender payment of the amount of insurance under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant,
which were authorized by the Company, up to the time of payment or tender of payment and which the company is obligated to pay.
Upon the exercise by the Company of this option, all liability and obligations to the insured under this policy, other than to make the payment required, shall
terminate, including any liability or obligation to defend, prosecute, or continue any litigation, and the policy shall be surrendered to the Company for cancellation.
(b) To Pay or Otherwise Settle With Parties Other than the Insured or With the Insured Claimant.
(1) to pay or otherwise settle with other parties for or in the name of an insured claimant any claim insured against under this policy, together with any costs,
attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to
pay; or
(ii) to pay or otherwise settle with the insured claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees and expenses
incurred by the insured claimant, which were authorized by the Company up to the time of payment and which the Company is obligated to pay.
Upon the exercise by the Company of either of the options provided for in paragraphs (b)(i) or (t), the Company's obligations to the insured under this policy for the
claimed loss or damage, other than the payments required to be male, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation.
7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE.
This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the insured claimant who has suffered loss or damage by reason
of matters insured against by this policy and only to the exrenc herein described.
(a) The liability of the Company under this policy shall not exceed the least of:
(i) the Amount of Insurance stated in Schedule A;
(ii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encum-
brance insured against by this policy at the date the insured claimant is required to famish to Company a proof of loss or damage in accordance with Section 5
of these Conditions and Stipulations.
(b) In the event the Amount of Insurance stated in Schedule A at the Date of Policy is less than 80 percent of the value of the insured estate or interest or the full
consideration paid for the land, whichever is less, or if subsequent to the Date of Policy an improvement is erected on the land which increases the value of the insured
estate or interest by at least 20 percent over the Amount of Insurance stated in Schedule A, then this Policy is subject to the following:
(i) Where no subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in the proportion that the amount of
insurance at Date of Policy bears to the total value of the insured estate or interest at Date of Policy; or
(ii) where a subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in the proportion that 120 percent of the
Amount of Insurance stared in Schedule A bears to the sum of the Amount of Insurance stated in Schedule A and the amount expended for the improvement.
The provisions of this paragraph shall not apply to costs, attorneys' fees and expenses for which the Company is liable under this policy, and shall only apply to that
portion of any loss which exceeds, in the aggregate, 10 percent of the Amount of Insurance stated in Schedule A.
(c) The Company will pay only those costs, attorney's fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations.
8. APPORTIONMENT.
If the land described in Schedule A consists of two or more parcels that are not used as a single site, and a loss is established affecting one or more of the parcels
but not all, the loss shall be computed and settled on a pro rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy
of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to
each parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement or by an endorsement attached to this policy.
9. LIMITATION OF LIABILITY.
(a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the land, all as insured,
or takes action in accordance with Section 3 or Section 6, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom,
it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby.
(b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until
there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title as insured.
(c) The Company shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit without the prior
written consent of the Company.
10. REDUCTION OF INSURANCE: REDUCTION OR TERMINATION OF LIABILITY.
All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the Amount of Insurance pro tanto.
11. LIABILITY NONCUMULATIVE.
It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring a mortgage
to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject to, or which is hereafter executed by an insured and which is a
charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner.
12. PAYMENT OF LOSS.
(a) No payment shall be made without producing this policy for endorsement of the payment unless the policy has been lost or destroyed, in which case proof of loss
or destruction shall be furnished to the satisfaction of the Company.
(continued and concluded on last page of this policy)
(Owner's Policy)
(b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable
within 30 days thereafter.
13. SUBROGATION UPON PAYMENT OR SETTLEMENT.
(a) The Company's Right of Subrogation.
Whenever the Company shall have settled and paid a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured
claimant.
The Company shall be subrogated to and be entitled to all rights and remedies that the insured claimant would have had against any person or property in
respect to the claim had this policy not been issued, If requested by the Company, the insured claimant shall transfer to the Company all rights and remedies against any
person or property necessary in order to perfect this right of subrogation. The insured claimant shall permit the Company to sue, compromise or settle in the name of the
insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies.
If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated to these rights and remedies in the
proportion which the Company's payment bears to the whole amount of the loss.
If loss should result from any act of the insured claimant, as stated above, that act shall not void this policy, but the Company, in that event, shall be required to pay
only that part of any losses insured against by this policy that shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant
of the Company's right of subrogation.
(b) The Company's Rights Against Non - insured Obligors.
The Company's right of subrogation against non - insured obligors shall exist and shall include, without limitation, the rights of the insured to indemnities, guaranties,
other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments that provide for subrogation rights by reason of this policy.
14. ARBITRATION.
Unless prohibited by applicable law or unless this arbitration section is deleted by specific provision in Schedule B of this policy, either the Company or the insured
may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited m,
any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the
breach of a policy provision or other obligation. All arbitrable matters when the Amount of Insurance is $1,000,000 or less SHALL BE arbitrated at the request of either
the Company or the insured, unless the insured is an individual person (as distinguished from a corporation, trust, partnership, association or other legal entity). All
arbitrable matters when the Amount of Insurance is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the insured. Arbitration
pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the insured, the Rules in effect
at Date of Policy shall be binding upon the parries. The award may include attorney's fees only if the laws of the state in which the land is located permit
a court to award attorney's fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof.
The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request.
15. LIABILITY LIMITED TO THIS POLICY: POLICY ENTIRE CONTRACT.
(a) This policy together with all endorsements, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company.
In interpreting any provision of this policy, this policy shall be construed as a whole.
(b) Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby
or by any action asserting such claim, shall be restricted to this policy.
(c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the President,
a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company.
16. SEVERABILITY.
In the event any provision of the policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision and all other
provisions shall remain in full force and effect.
17. NOTICES, WHERE SENT.
All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall
be addressed to the Company at P.O. Box 2029, Houston, Texas 77252 -2029.
COMPLAINT NOTICE.
Should any dispute arise about your premium or about a claim that you have filed, contact the agent or write to the Company
that issued the policy. If the problem is not resolved, you also may write the Texas Department of Insurance, P.O. Box 149091,
Austin, TX 78714 -9091, Fax No. (512) 475 -1771. This notice of complaint procedure is for information only and does not become
a part or condition of this policy.
STEWART TITLE
GUARANTY COMPANY
�I 99 04- -60
THE STATE OF TEXAS
Sie,e.3I 72hs3
COUNTY OF WILLIAMSON §
GENERAL WARRANTY DEM
199950368 7 I•es
KNOW ALL MEN BY THESE PRESENTS THAT
TRI NELSON PARTNERSHIP, a Texas general partnership ( "Grantor"), for the consideration hereinafter
stated by THE CITY OF ROUND ROCK TEXAS ( "Grantee "), whose mailing address is
221 E. Main St . , Round Rock, TX has GRANTED, SOLD AND CONVEYED, and by these presents does
GRANT, SELL AND CONVEY, unto Grantee, subject to all of the reservations. exceptions and other matters set forth
or referred to herein, the following described real property, together with all improvements thereon, if any (the
"Property "), to-wit:
47.413 acres of land, more or less, out of the WP,LIS DONAHO SURVEY,
Abstract No. 173 in Williamson County, Texas, which land is more particularly
described on Exhibit "A" attached hereto and incorporated herein by reference.
TO RAVE AND TO HOLD the Property, together with all and Sittig Lear the ri;hts and appurtenances thereto
in anywise belonging taro Grantee, and Grantee's successors or assigns, forever, and, subject to all of the matters set
forth or referred to herein, Grantor does hereby bind itself and its successors to WARRANT AND FOREVER
DEFEND all and singular the Property unto Grantee, Grantee's successors and assigns, against every person
whomsoever lawfully claiming or to claim the same, or any part thereof; provided, however that this conveyance is
made by Grantor and accepted by Grantee subject to: (a) all of the title exceptions and other matters revealed in or
by the documents and matter listed on Exhibit "B" attached hereto and incorporated herein by reference; (b) all
easements, rights of way, leases, [reservation, mineral severances, covenants, conditions. restrictions and other matters
which are of record or otherwise applicable to the Property; (c) all regulations, restrictions, laws, statutes, ordinances.
obligations or other matters which affect the Property and which are imposod by or exist by reason of any regulatory,
governmental, or quasiegovemmental districts, entities, agencies, authorities or other bodies of any kind or name
( "Governmental Authorities "); (d) all riparian rights, water rights, or other !Fetus of any kind or nature pertaining to
the bed orbanks of any watercourse which affect the Property and which are held by or relate to any Governmental
Authorities, the public generally or any persons or entities; (e) all standby fees, taxes and assessments by any taxing
authority for the current and all subsequent years, and all taxes and assessments for prior years due to change in land
usage or ownership, and all liens securing the payment of any of the foregoing, and (t) all reservations, mineral
severances, restrictions, covenants conditions, and other matters set forth herein. Ad valorem taxes with respect to
the Property for the current year have been prorated as of the date hereof. By acceptance of this deed, Grantee
assumes and agrees to pay and indemnifies and ogees to hold Grantor harmless from and against all ad valorem taxes
relating to the Property, for the current and all subsequent years, and for any assessments for the current and any prior
years which arise on or after the date of this deed due to change in usage or ownership of the Property or otherwise.
The consideration for this conveyance, receipt and sufficiency of which Grantor acitnowledgcs, is a full
valuable cash consideration to Grantor in hand paid by Grantee for which no lien either express or implied is retained.
GRANTOR HAS EXECUTED AND DELIVERED THIS GENERAL WARRANTY DEED AND HAS
CONVEYED THE PROPERTY AND GRANTEE HAS RECEIVED AND ACCEPTED THIS GENERAL
WARRANTY DEED AND HAS PURCHASED THE PROPERTY "AS IS ". "WHERE IS ", AND "WITS ALL
FAULTS" AND WITHOUT REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR
IMPLIED, WRITTEN OR ORAL (EXCEPT FOR THE WARRANTY OF TITLE EXPRESSLY SET FORTH
HEREIN). WITHOUT LIMITATION ON THE FOREGOING, GRANTEE, BY ACCEPTANCE OF THIS
DEED, ACKNOWLEDGES THAT (EXCEPT FOR THE WARRANTY OF TITLE EXPRESSLY SET FORTH
HEREIN) GRANTOR HAS NOT MADE, DOES NOT MAKE AND SPECIFICALLY NEGATES AND
DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, PROMISES, COVENANTS, AGREEMENTS OR
GUARANTIES OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED,
ORAL OR WRITTEN, PAST, PRESENT OR FUTURE, OF, AS TO, CONCERNING OR WITH RESPECT
TO THE PROPERTY OR THE CONDITION OF THE PROPERTY. GRANTEE EXPRESSLY
ACKNOWLEDGES AND AGREES THAT ANY INFORMATION PROVIDED TO GRANTEE BY GRANTOR
OR ANY PARTY ACTING OR ALLEGEDLY ACTING FOR OR ON BEHALF OF GRANTOR WITH
RESPECT TO THE PROPERTY HAS NOT BEEN INDEPENDENTLY INVESTIGATED OR VERIFIED BY
GRANTOR; THAT GRANTOR IS MAKING NO REPRESENTATIONS OR WARRANTIES WHATSOEVER
AS TO THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION; AND THAT GRANTOR IS
NOT, AND SHALL NOT BE, LIABLE OR BOUND IN ANY MANNER BY ANY VERBAL OR WRITTEN
STATEMENTS, REPRESENTATIONS, REPORTS, SURVEYS OR OTHER INFORMATION OF ANY KIND
OR NATURE PERTAINING TO THE PROPERTY, OR THE OPERATION THEREOF, FURNISHED BY
ANY REAL ESTATE BROKER, AGENT, EMPLOYEE, SERVANT, OR OTHER PERSON. GRANTOR AND
GRANTEE EXPRESSLY CONFIRM AND AGREE THAT THE PURCHASE PRICE PAID BY GRANTEE
TO GRANTOR FOR THE PROPERTY HAS BEEN ADJUSTED AND AGREED UPON BY GRANTEE AND
GRANTOR IN PART AS A RESULT OF GRANTEE'S AGREEING TO PURCHASE THE PROPERTY IN
ITS CURRENT CONDITION, AND SUBJECT TO THE DISCLAIMER OF REPRESENTATIONS AND
WARRANTIES SET FORTH HEREIN.
Grantee expressly understands, acknowledges and by acceptanx of this deed agrees that no portion of the
Property may be used for any other purpose except recreation or park land purposes without the express written
consent of Grantor, which aansent may be granted or withheld in Grantor's sole and absolute discretion. Grantee
further understands, acknowledges, and by acceptance of this deed agrees that the use restriction stated herein (i) shall
be considered a covenant reaming with the land, (ii) shall bind Grantee, Grantee's successors and assigns and all
present and future owners of the Property, (iii) shall inure TO the benefit of and may be enforced by Grantor or
Grantor's successors and assigns, and (iv) may be modified only with the wriucn consent of Grantor or Grantor's
successors or assgns which is acknowledged and recorded in the Real Property Records of Williamson County, Texas
Except for an express written waiver of the use restriction stated herein, no act or omission on the part of Grantor or
Grantor's successors or assi,Uls shall be construed to be a waiver of the operation or enforcement of such use
restriction. '
!Remainder of page intentionally left blank.]
EXECUTED AND DELIVERED the a l 9 day of v /cs�Y , 1999.
RECEIVED, ACCEPTED AND AGREED
TO BY GRANTEE:
THE CITY OF ROUND ROCK, TEXAS
Nelson, III partner of TRJ Nel Part - ` - general partnership,
r
r '
THE STATE OF TEXAS
COUNTY OF TRAVIS
um
This instrument was acknowledged before me this 6 7 day of
Corley Nelson, attorney -in -fact for Rebecca B. Nelson, partner of TRJ Nels
partnership, on behalf of Rebecca B. Nelson and said partnership.
TRJ NELSON PARTNERSHIP, a Texas general partnership
By: 2 1��
Torn E. Nelson, I II Partner //c. ��
By: C • '
Rebecca B. Nelson, Partner, by her duly authorized
attorney- in -fact, John Corley Nelson
By: l 1{11J,1w G ' �{' WxNr
O -
\ John C. Nelson, Partner
JAMES B. GARRISON JR.
Notary Peelle. State Wrens
My Commssion Expires 5-t8 -2002
This instrument was acknowledged before me this _ �7 day of , e 1999, by Tom E.
of said partnership.
yOTC Signature
. 1999. by John
ership, a Texas general
JAMES 5. GARRISON J
Notary Pttblle, State otTexas
My Commission Expires 5-184002
ture
THE STATE OF TEXAS
COUNTY OF TRAVIS
§
This instrument was acknowledged before me this 1i7 day of , 1999, by John C.
Nelson parmer of TRJ Nelson Partnership, a Texas general partnership, on b o aid partnership.
THE STATE OF TE
COUNTY OF Ll3lll.arnson
JAMES 8. GARRISON :.
Notary Peble, State of Tem
My Commission Expires 5- 18.2882
§
This instrument was acknowledged before me this aL9 day of Sulaq
A. Stluka, Mayor of The City of Round Rock, Texas, a home rule city, on behalf of said city
utrrrrr,s. ;: c , .:zr:rrrerrrrrS�
Kathleen Laporte Schneider S 4
MY COMMISSION EXPIRES
� November 26, 2000 <
■ y »,»n »»»» gym» »» »» )» »» >»,» ,»»5
AFTER RECORDING RETURN TO:
ATTN: JIM GARRISON
STEWART TITLE
P. O. BOX 1806
AUSTIN, TEXAS 78767
r Public Signature
.1999, by Robert
EJHIBIT 'B"
1. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or
protrusions, or any overlapping of improvements.
2. The right of Roland Wieland to harvest crops on subject property as set out in a Letter Agreement
dated April 1999, not of record.
bonds.
3. The following easements:
a. Easement dated June 15. 1928 to Lone Star Gas recorded in Volume 238, Page 184, Deed
Records, Williamson County, Texas.
b. Easement dated June 17, 1960 to Texas Power & Light Co., recorded in Volume 489, Page
276, Deed Records, Williamson County, Texas.
c. Easement dated September 8, 1964 to Texas Power & Light Co., recorded in Volume 473,
Page 542, Deed Records, Williamson County, Texas.
d. Easement dated July 19, 1951 to Texas Power & Light Co., recorded in Volume 373, Page
561, Deed Records, Williamson County, Texas.
e. Easement dated July 11, 1940 to Texas Power & Light Co., recorded in Volume 304, Page
258, Deed Records, Williamson County, Tcas.
4. All matters depicted on the survey of the Property dated May 7, 1999, prepared by William F. Forest,
Jr., Registered Professional Land Surveyor No. 1847 including, but not limited to, overhead power lines and poles,
5. The rights of Brushy Creek Water Control and Improvement District No. 1 to levy taxes and Issue
- 6 -
JUN.. -28 -1999 MON 03:32 PM STEWART TITLE
FOREST SURVEYING AND MAPPING CO.
1002 Ash St.
Georgetown,H:Dx. 78626
DESCRIPTION FOR T.R. J:'NELBON PARTNERSHIP
ROUND - ROCK - SOCCER "- 'ASSO. ''
BEING 47.413 acres of the Willis Donaho Survey, Abstract No,
173, in Williamson County, Texas; part of the 47.46 acre First
Tract which is described in a deed to T.R. J. Nelson Partnership,
recorded in Document 9610394, Official Records of Williamson
County, Texas. Surveyed on the ground in May of 1999, by William
F. Forest, Jr „ Registered Professional Land Surveyor No. 1847.
BEGINNING at an iron pin which was found in a fence, at the
Southwest corner of the said 47.46 acre First Tract.
THENCE, with the West line of the said 47.46 acre tract, N 00
deg. W (North) 2316.89 feet to an iron pin set.
THENCE with the South line of Couinty Road 113, N 90 deg. E
(East) 686.30 feet to an iron pin found at the Northwest fence
corner of a tract owned by Mrs. E.E. Johnson and described in Vol.
347, Pg. 581,
THENCE along an existing fence, S 00 deg. 10 min. 20 sec. W
313.57 feet to an iron pin set; and N 89 deg_ 21 min. 22 sec. E
238.83 feet to an iron pin found.
THENCE with the West line of County Road 122, S 00 deg. 00
min. 52 sec. W 2003.95 feet to a steel cotton spindle set.
THENCE finding iron pipes as follows; S 89 deg. 50 min. W
150,00 feet; 5 89 deg. 55 min. 41 sec. W 299.89 feet; S 89 deg. 50
min. W 445.70 feet; and N 89 deg. 53 min. 50 sec. W 28.08 feet to
the POINT OF BEGINNING. -
STATE OF TEXAS
COUNTY OF WILLIAMSON
•
•
•
•
FAX NO, 472 3101 P. 07/14
KNOW ALL MEN BY THESE PRESENTS;
I, WM. F. FOREST, JR., do hereby certify that this survey was
made on the ground of the property legally described hereon and is
correct and that there are no significant boundary line conflicts;
shortages in area, apparent protrusions, intrusions or overlapping
of improvements, utility lines or roads, except as shown on the
attached plat, and that said property abuts a public roadway,
except as shown.. Ownership and easement information for this tract
has not been researched except as shown on the attached plat.
TO CERTIFY WHICH, WITNESS my hand and seal at Georgeto =: : . + +, Texas, this TIFF O day of May, 1999, A.D. File : • '� �' -•--- wp21: RASA ,t t , % � y -.4Gl WM.F. FOREST JR_ j � GISTERED PROFESSI AL T.AND SURVEYOR NO. 1847 7 • ,`',`.
MOT "A"
FILED R RECORDED
OFFICIAL PUBLIC RECORDS
A p4,- ff.'s
07 -28 -1999 01:14 PM 199950368
MILLER $21.00
NANCY E. RISTER .COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
G( 4 OW 99040299
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON
NOTICE TO PURCHASERS
199950369 4 P9s
The real property, described below, which you are about to purchase is located in the Brushy Creek Municipal Utility
District. The district has taxing authority separate from any other taxing authority, and may, subject to voter approval,
issue an unlimited amount of bonds and levy an unlimited rate of tax in payment of such bonds. As of this date, the rate of
taxes levied by the district on real property located in the district is $.63000 on each $100 of assessed valuation. The total
amount of bonds which has been approved by the voters and which have been or may, at this date, be issued is
$35,000,000.00, and the aggregate initial principal amounts of all bonds issued for one or more of the specified facilities
of the district and payable in whole or in part from property taxes is 527,725,000.00.
The district also has the authority, subject to the approval of the Texas Natural Resources Conservation Commission
(TNRCC), to adopt and impose a standby fee on property in the district that has District - financed water or sewer facilities
and services available but not connected. The District may exercise the authority without holding an election on the
matter. As of this date the most recent amount of the standby fee is $0.00. An unpaid standby fee is a personal obligation
of the person that owned the property at the time of imposition and is secured by a lien on the property. Any person may
request a certification from the District stating the amount, if any, of unpaid standby fees on a tract of property in the
District.
The land that you are acquiring is /is not located within the 1484.39 acres of land added to the District in 1983. The
District added the 1484.39 acres of land subject to the terms and conditions contained in a resolution adopted on March
10, 1983, by the City council of the City of Austin, Texas consenting to the addition of the land to the District, as required
by Section 54.016 of the Texas Water Code. The resolution provides that the City of Austin (hereinafter referred to as
"City ") may annex the 1484.39 acres of land after installation of water and sewer facilities in the area is ninety percent
complete, or after March 10, 1998 whichever occurs first. The resolution further provides that after annexation by the
City of the 1484.39 acres of land, "then, pursuant to the authority of Section 54.016(h) of the Texas Water Code, the City
may set rates for water and sewer service to such land annexed by the City which rates may vary from those rates for
other properties within the City for the purpose of wholly or partially compensating the City for the City's assumption of
the proportion of the District's obligation which were attributable to the property annexed by the City, divided by the
number of planned living unit equivalents within the property annexed to the City. (At the time of execution of this
resolution the number of living unit equivalents planned for the land described in Exhibit 'A' is approximately 8,000.)
The surcharge shall be continued by the City from the date of its annexation until the bonded indebtedness has been
retired. The term living unit equivalent, as used herein, means the term 'living unit equivalent' as defined at the time of
this Resolution in City of Austin Ordinance No. 760325 -D."
The purpose of this district is to provide water, sewer, and drainage facilities and service within the district through the
issuance of bonds payable in whole or in part from property taxes. The cost of these utility facilities is not included in the
purchase price of your property, and these utility facilities are owned or to be owned by the district. The legal description
of the property which you are acquiring is as follows:
47.413 acres of land, more or less, out of the WILLIS DONAHO SURVEY,
Abstract No. 173 in Williamson County, Texas, and being more fully
described 5y metes and bounds in Exhibit "A" attached hereto and made
a part hereof.
July 27, 1999
TRJ NELSON PARTNERSHIP
BY: E
Nelson, HI, Partner
BY:
` : , Rebecca B. Nelson, Partner, by
her duly authorized Attorney -In-
Fact, John Corley Nelson
ohn C. Nelson, Partner
Nir
NOTICE TO PURCHASERS continued (GF 9904 0299 )
The undersigned purchaser hereby acknowledges receipt of the foregoing notice at or prior to execution of a binding
contract for the purchase of the real property described in such notice or at closing of purchase of the real property.
July 27, 1999
STATE OF TEXAS
COUNTY OF TRAVIS
Sworn to, subscribed and acknowledged before me on this the 27 day of July, 1999, by Tom E. Nelson,
III, Partner of TRJ Nelson Partnership, a Texas General Partnership, on behalf of said partners
STATE OF TEXAS
COUNTY OF TRAVIS
Sworn to, subscribed and acknowledged before me on this the day of July, 1999, by John Corley
Nelson, attorney -in -fact for Rebecca B. Nelson, Partner of TRJ Nelson Partnership, a Texas General Partnership, on
behalf of Rebecca B. Nelson and said partnership,
STATE OF TEXAS
COUNTY OF TRAVIS
Sworn to, subscribed and acknowledged before me on this the day of July, 1999, by John C. Nelson,
Partner of TRJ Nelson Partnership, a Texas General Partnership, on behalf of said partner,
STATE OF TEXAS
COUNTY OF TRA
Sworn to, subscribed and acknowledged before me on this
Jr., Mayo Kanfu'Fuerca F<0fr$f!!t,4C AtrTirl�i�ii
Kathleen Laporte Schneider
MY COMMISSION EXPIRES < a � /s
November 26, 2000 N try Public, State of Texas
THIS FORM IS PFFAtige �'X ) PrOrkENIENCE TO CLIENTS OF STEWART TITLE AUSTIN, INC.
ACCORDING TO SECTION 50.301 OF THE TEXAS WATER CODE, ANY SELLER OF PROPERTY LOCATED
IN A DISTRICT AS DEFINED WITHIN THE CODE, MUST GIVE WRITTEN NOTICE TO THE PURCHASER AS
PROVIDED FOR IN THE CODE. THE INFORMATION CONTAINED HEREIN IS THE MOST CURRENT OF
RECORD TO THE BEST OF STEWART TITLE AUSTIN, INC.'S KNOWLEDGE. THE SELLER IS
ENCOURAGED TO VERIFY THE ACCURACY OF THE INFORMATION BY CONTACTING THE DISTRICT
PRIOR TO USING TItIIS FORM.
JAMES B. GARRISON JR.
Notary Public, State of Texas
My Commisson Espins 5-18-2002
Raaby
SELLER'SUNITIALS
THE CITY OF ROUND ROCK, TEXAS
N
JAMES B. GARRISON JR.
Notary P86tle, Sate of Teas
My Commission Espies 5 18-2032
State of Texas
'ic, State of Texas
' JL JAMES 8. GARRISON JR.
r ,. ) ^�.,• Notary Pnbllc, Sate of Teas
My Commlwlon Expires 548 -2102
ER RECORDING RJRN TO:
ATTN: JIM GARRISON
STEWART TITLE
P. O. BOX 1806
AUSTIN, TEXAS 78767
01`2 of Jul
en A. Stulka,
8 -1999 MON 03:32, PM STEWART TITLE
FOREST SURVEYING AND MAPPING CO.
1002 Ash St.
Georgetown Tx.,78626
DESCRIPTION FOR T.R.'J. NELSQW,PROa'NERSHIP'
ROUND ROCK 50CCER
BEING 47.413 acres of the Willis Donaho Survey, Abstract No.
173, in Williamson County, Texas; part of the 47.46 acre First
Tract which is described in a deed to T.R. J. Nelson Partnership,
recorded in Document 9610394, Official Records of Williamson
County, Texas. Surveyed on the ground in May of 1999, by William
F. Forest, Jr., Registered Professional Land Surveyor No. 1847.
BEGINNING at an iron pin which was found in a fence, at the
Southwest corner of the said 47.46 acre First Tract.
THENCE; with the West line of the said 47.46 acre tract, N 00
deg. W (North) 2316.89 feet to an iron in set.
THENCE with the South line of Couinty Road 113, N 90 deg. E
(East) 686.30 feet to an iron pin found at the Northwest fence
corner of a tract owned by Mrs, E.E. Johnson and described in Vol.
347, Pg. 581.
THENCE along an existing fence, S 00 deg. 10 min. 20 sec. W
313.57 feet to an iron pin set; and N 89 deg. 21 min, 22 sec. E
238.83 feet to an iron pin found.
THENCE with the We line of County Road 122, S 00 deg. 00
min. 52 sec. W 2003.95 feet to a steel cotton spindle set.
THENCE finding iron pipes as follows; S 89 deg. 50 min. W
150.00 feet; S 89 deg. 55. min. 41 sec. W 299.89 feet; S 89 deg. 50
min. W 445.70 feet; and N 89 deg. 53 min. 50 sec. W 28.08 feet to
the POINT OF BEGINNING,
STATE OF TEXAS
COUNTY OF WILLIAMSON
•
•
•
FAX N0, 472 3101 F. 07/14
KNOW ALL NEN BY THESE PRESENTS;
I, WM. F. FOREST, JR., do hereby certify that this survey was
made on the ground of the property legally described hereon and is
correct and that there are no significant boundary line conflicts;
shortages in area, apparent protrusions, intrusions or overlapping
of improvements, utility lines or roads, except as shown on the
attached plat, and that said property abuts a public roadway,
except as shown. Ownership and easement information for this tract
has not been researched except as shown on the attached plat.
FILED AND RECORDED
} OFFICIAL PUBLIC RECORDS
• A
07 -2B -1999 01:14 PM 199950369
MILLER $15.00
NANCY E. RISTER COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
July 29, 1999
DEAR Mr. Sheets:
Yours truly,
By:
Sanctity of Contract
STEWART TITLE AUSTIN, INC.
100 Congress, Suite 200 + Austin, TX 78701
(512) 472 -9231 + (512) 472 -3101 fax
Mr. Steve Sheets
Brown, McCarroll, Sheets & Crossfield
309 E. Main Street
Round Rock, Texas 78664
RE: GF #: 99040299
Purchaser: THE CITY OF ROUND ROCK, TEXAS
Seller: TRJ NELSON PARTNERSHIP
Legal: 47.413 acres of land, more or less, out of the WILLIS
DONAHO SURVEY, Abstract No. 173 in Williamson County,
Texas, and being more fully described by metes and
bounds in Exhibit "Au attached hereto and made a part
hereof.
Enclosed are the following items pertaining to the above referenced
file:
Certified copy of documents signed at closing as follows:
1. Settlement Statement
2. Closing Disclosures
3. Special Power of Attorney
4. General Warranty Deed
5. Notice to Purchasers
Please call if I may be of further assistance.
L aP
Cecelia O'Neal
Escrow Assistant to Jim Garrison
4-23 -1999 FRI 02:12 PM STEWART TITLE
106, City /town taxes
107. County taxes
108 Assessments
109. Maintenance
110. School/Taxes
112.
200. AMOUNTS
U.S.0EPARTNEN3 OF HOUStNy AND URBAN DEVELOPMENT
Sec HUD attachments) for '•' Items
8. NYE. INS. CASE NO.:
C, NOTE : This form is furnished (0 give you a Sratemem 01 actual seulement Cole. Amounts paid to and by the settlement agent are shown, 1121115 marked
('p.u.c. were pail outside the closing: they arc shown here for Information 911190ses and are n� 1 6@Itll 5 tt115 to fd a true and
D. NAME OF BORROWER: THE C1TT OF ROUND ROCK, TExas 7
correct copy of the original instrument.
ADDRESS
NAME OF SELLER: TR2 NELSON PARTNERSHIP
ADDRESS: 3404 GLENVIEW AVE., AUSTIN 00 78703
NAME OF LENDER:
ADDRESS:
G. PROPERTY LOCATION: 47.72ACRE5 WILLIS 009080, ABS 173
WILLIAMSON COUNTY
H. SETTLEMENT AGENT: STEWART TITLE AUSTIN. INC.
ADDRESS: 100 CONGRESS AVE. SUITE 200
AUSTIN, TEXAS 78701
PLACE OF SETTLEMENT: STEWART TITLE AUSTIN, INC.
ADDRESS: 100 CONGRESS AVE. SUITE 200
AUSTIN, TEXAS 78701
J. SUMMARY OF BORROWER'S TRANSACTION
100. GROSS AMOUNT DUE FROM BORROWER:
101. Contract sal price
102. Personal property
103. Settlement chap: to borrowcrtl)ne 1400)
1114.
105.
Adjustments fur irems paid by seller in advance:
10
W
a
120, GROSS AMOUNT DUE FROM BORROWER:
PAID II? OR IN BEIIALF OF BORROWER:
201. Ucpnsir or earnest money
202. Principal amount of new loan(,)
203. Existing 10011(5) taken s'ub'cct to
204. Commirmont F22
205.
2 06.
207.
208,
209.
Adjusrmenr for Tarns unpaid by seller:
210. City /awn,nxcs
211. County lagrbJANSON 01/01/99 to 07/23/99
212. Asscssmcnrs to
213. School/11E4p ROCK 01/01/99 to 07/25/99
214.
215.
216.
217.
218.
219.
220. TOTAL PAID BY /FORBORROWER:
300. CASH AT SETTLEMENT FROM /TO BORROWER
301. Gauss amount due from horrowergine 120)
302. Less amounts paid by/for horrower(line 220)
596,500.00
10,735.00
607,235.00
10,600,00•
20.18
102.53
10,722,71
607,235.00
10,722.71
FAX N0, 472 3101
B. TYPE OF LOAN
1. ( IFNA 2. ( 1FN116 3. ( )CONY. UNINS,
G. ( IVA 5. ( 3CONY. INS.
SETTLEMENT AGENT TIN• 74.2327609
I. SETTLEMENT DATE
Closing date: 07/23/99
Proration date: 07/23/99
K. SUBWAY OF SELLER'S TRANSACTION
400 . GROSS AMOUNT DUE TO SELLER
6. FILE NUMBER: 1 7. LOAN NUMBER;
99040299 l l
401. Contract sales price
402. Personal property
403.
404
405,
406, Cityhown axes
407. County taxes
408. Assessments
409. Maintenance
410. School/Taxes
411.
412.
Adjustment for Items paid for seller in advance:
a
10
to
to
to
420. GROSS AMOUNT DUE TO SH).LER:
SELLER TIN:
500. REDUCTIONS IN AMOUNT DUE TO SELLER:
501. Excess depoiil(see inslrUcliuns)
502. Scnlmnent charges to sellcr(line 14001
503. Existing Inan(s) Taken sub cct so
504. Payoff of first mortgage loan
50S. Payoff of second mortgage loan
506.
507.
508.
509.
Adjustments for irems unpaid by seller:
510. City /town:axes 10
511. County YL04)ANSON 01/01/99 to 07/23/99
512. Assessments to
513. SchnolfR(1LIED ROCK 01/01/99 to 07 /23/99
514. Maintenance ,0
515
516
517.
518.
519.
520. TOTAL REDUCTION IN AMOUNT:
600. CASH AT SETTLEMENT TO /FROM SELLER:
601. Gross amount (Mc m (c0ei)line 420)
602. Less aril reductions 111 amount due saller(line 520)
STEWART TISI,E COMPANY
DY A
PHONE NUNBERs NOT ON FILE
•
600.00+
22,170,00
P. 02 •.
596500.00
596,500.00
20.18
102,53
22,892.71
596 500.00
22,892.71
303. CASH 1X FR(IM5 f TO] BORROWER:
- 596,512.29 603. CASH 10 101 f FROM) SELLER:
SUBSTITUTE P0095 1099 SELLER STATEMENT-The information contained in Blo ks 11,0, line (or, 573, 607.29
is inlponant tax information anti is being furnished to the In emxl Revenue Service. If you are required to a return. a nt igence penally c sanction 403 and 403)
be imposed on you if this item is required a he reported and the IRS determines that it has nut been reported. ry of of r :mction will
SELLER INS'I'RUCTION.If this real estate was your principal residence, file Form 2119, Sale or Exchange of Principal Residence, for any 00)0, with your income tax
NW m; for other transactions. complete the applicable pans of Form 4797, Form 6252 and /or Schedule D (Form 1040).
You ere required by law to ptuvdc
Under penalties of perjury, 1 certify d - tt the number shown o this statement is my If you do not provide " • - n with your correct taxpayer identification imam w„ your correct taxpayer 1)entiflcation number, you may he subject to civil or criminal penalties.
/ t� taxpayer identification number.
fvatLii A. trio/..- --
` JI�L -23 -1999 FRI 02:13 PM STEWART TITLE
HUD -1 Settlement Statement Attachment, Page 1
File Number: 99040299
Buyer(s): THE CITY OF ROUND ROCK, TEXAS
Seller(s): TRJ NELSON PARTNERSHIP
Lender; Loan Number:
FAX NO. 472 3101 P. 03
Continued From HUD Form Page 1
Borrower's Adjustments Seller's Adjustments
PAID BY OR IN BEHALF OF BORROWER REDUCTIONS IN AMOUNT DUE TO SELLER
-201- -sol-
EARNEST MONEY FROM BUYER
Borrower /buyer amount 10,000.00
EARNEST MONEY HELD BY SELLER EARNEST MONEY HELD BY SELLER
Borrower /buyer amount 600.00 Seller amount
Total for HUD line 201: 10,600.00
500.00
Total for HUD line 501: 600.00
AIL-23-1999 FRI 02:13 PM STEWART TITLE
1305.
File 99040299
700. TOTAL SALES /BROKER'S COMMISSION Based on $ 596,500.00e 3.00 %'.
Division of Commission (line 700) as follows;
701. S
102.617 895.00
703. Commission I n ef at sedemem
704.
800. ITEMS PAYABLE IN CONNECTION WITH LOAN.
801. Loan Origination fee %
802. Loan Di7count %
. 803. Appraisal fro , to
804. Credit Repon to
805. Lender's inspection fee to
806. Mortgage Insurance application (ce to
8W. A Fee . - to
808. Comnitmenr Fee to
809. FNMA Processing Fee to
8 10. Pictures _ to
811.
to
812.
Borrowers
The HUD -1 Sedemcnt Statement which I have pr
accordance will' rhfs staamem.
L. SETTLEMENT CHARGES
m
m
FAX NO, 472 3101
17,895.00
to COLW ELL BANKER RICHARD SMITN. REALTORS
to
900. TEEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE
_ 90 901. Interest from to QS Iduy
2. Mortgage insurance premium for m0.10
1 303. Hazanl insurance premium for yrs. m
904. Flood Insurance yrs to
905.
1000. RESERVES DEPOSITED WITH LENDER
1001. Hazard Insurance mo.@S
1002. Mortgage insurance Y Ptopeny tancs mo.605 wino.
1003. City 7 1 uo mo.Q46- _ uer ran,
_
1004. Coun n 9 mo,
lk Yraxes mo.0Y per mo
1005. Annual 5550{m 0mm (Mniat.) mo.Op$
pe 0
1006. School Pro e I axes r 7 mo. .
P rtY � � mu.Q$ cr nro.
1007. Water Dist. Prop. TN; mo. 3$
1008. Flood hlsorance er mo.
)na.l[8S per m0.
1009. Aggregate Accounting Adiusanem -
1100. TITLE CHARGES:
1101. SoIIIcmem or closing fee to
1102. Abstract or tide search 1
1103. Tide examination _ ro
1104. Tide insurance binder _
1105. Docunem so
P(Cpnratlnn so
1106. Notary fee a
1107. Alr0rney's fcc to
(includes above hone No
1100.11110insurance _ w GEORGETOWN TITLE CO,
(includes above items No.: )
1109. Lender's coven8e S
-
IIIO.Owncr'scav_eragc 596 500.00 $ 4,110.00
1111. Escrow lee to STEWART TITLE AUSTIN, INC.
1112. Rcstriciians to
1113. Messenger Service
Sellers
is a cm nd :w0unrta account of this transact
$0110ment Agent
Dow
PAID FROM
BORROWER'S
FUNDS
AT SETTLEMENT
17,00
C.•
18.00
10600.00
C•
I have caused or will cause the funds to ho disbursed in
P, 04 "
WARNING; It is a crime m knnwingly make fidMe 51Uemm05 (Odle Unircd Stales on this or any other similar form. Pcua hies upon conviction can iuclodc a fine and
imprisonment. For details see: Tirle 18: U.S. Code Section 1001 and Section 1010.
PAID FROM
SELLER'S
FUNDS
n7' SETTLEMENT
17,895.00
4110.00
100.00 100,00
to STEWART TITLE AUSTIN INC.
1114.
to
1210. GOVERNMENT RECORDING AND TRANSFER CHARGES
1201. Recording fees: Deed S 17.00 Mrsg $
1202. Chy/county tax /tramps: Decd 5 Mn $
R01. $ 30.00
$
1203. State n /stomps: Dag S Mrt6 S 1204. Tn.c cenlficaas "
1205. to STEWART TITLE AUSTIN, INC.
to
to
1300 ADDITIONAL SETTLEMENT CHARGES
1301. Survey
1302. Pest inspection
10
1303, REIMBURSE SOCCER ASSOC, /EARNES to ROUND ROCK SOCCER ASSOCIATION
1304.
to
10
1400. TOTAL SETTLEMENT CIIARGES (entered on lines 103. Section 1 and 502, Semen K)
CE: TIP1C TION: I ha • carefully rev cwcd the HU0 -1 or by n of Settlement Statement and ro Me best of my knowledge and be ief, it is a mot and Scum state menr all
22,170.00
cceipts a i di � � ad on m account nu in dris transaction. 1 further certify has I have
it _A b r • eived o 0 ! D•1 SCI l em 5mtement.
30.00
35.00
CLOSING DISCLOSURES
Title Company: STEWART TITLE AUSTIN, INC.
FileNo.: 99040299 Closer: JIM GARRISON
Buyer(s): THE CITY OF ROUND ROCK, TEXAS
Seller(s): TRJ NELSON PARTNERSHIP
Lender(s):
Legal: 47.413 acres of land, more or less, out of the WILLIS DONAHO SURVEY,
Abstract No. 173 in Williamson County, Texas, and being more fully
described by metes and bounds in Exhibit "A" attached hereto and made
a part hereof.
By initialing one or more of the following items as may be appropriate for this transaction, each SELLER and /or BUYER acknowledges
his /her understanding of the disclosures being made by TITLE COMPANY and affirms the representations made by them to TITLE COMPANY
as indicated. Each such disclosure or representation may jointly benefit both TITLE COMPANY and its title insurance underwriter -in- interest.
Singular reference to "Seller' and "Buyer" includes multiple individuals /entities identified above. Any numbered item not applying to this
transaction may be crossed out.
Buyer's Initials:
Buyer's Initials:
✓ .-2w
Buyer's Initials:
hmnby certify this to be a true and
;rrect nnpy of the original instrument.
STEWARTJITLE COMPANY
13Y
1) WAIVER OF INSPECTION: You may refuse to accept an Exception to "Rights
of Parties in Possession." "Rights of Parties in Possession" means one or more persons
who are themselves actually physically occupying the land or a portion thereof under a
claim of right adverse to the record owner of the land as shown in Schedule A of the
Policy. The Company may require an inspection and additional charge for reasonable and
actual costs to inspect. The Company may make additional Exceptions for matters the
inspection reveals. If you do not delete this paragraph, you waive inspection of the land
and you accept the Exception in your policy.
2) RECEIPT OF COMMITMENT: You acknowledge having received and
reviewed a copy of the Tide Commitment issued m connection with this transaction. You
understand that your Owner Policy will contain the Exceptions set forth in Schedule B of
the Commitment, and any additional Exceptions to title resulting from the documents
involved in this transaction, and any additional Exceptions reflected by an exhibit attached
hereto.
3) NOTICE: You may wish to consult an attorney to discuss matters shown in Schedule
B or C of the Commitment. These matters will affect your title and use of your land.
Your Title Insurance Policy will be a legal contract between you and the insurance
underwriter. The Commitment and Policy are not abstract of title, title reports or
representations of title. They are contracts of indemnity. We do not represent that your
intended use of the property is allowed under the law or under the restrictions or
exceptions to title on your land.
Buyer's Initials:
Buyer's Initials:
Buyer's Initials:
Se1 is Initials: Buyer's Initials:
,/ /ZQ4J -
Buyer's Initials:
4) ACCEPTANCE OF SURVEY: BUYER has received and reviewed a copy of the
survey of the Property made in connection with this transaction and acknowledges being aware of
the following matters of encroachmen t/conflict/discrepancy disclosed by the survey:
5) UNSURVEYED PROPERTY: BUYER understands that no up -to -date survey of the
Property has been done in connection with this transaction and that the Owner Policy to be issued
to BUYER will not provide title insurance coverage against encroachment of improvements,
boundary conflicts, or other masers that would be found by a current survey. TITLE
COMPANY has not attempted to determine if the Property lies in a special flood hazard area,
and TITLE COMPANY has not made any representation concerning proximity of the Property in
relation to any flood -plain or flood hazard area. BUYER is advised that information concerning
special flood hazard areas may be available from county or municipal offices, a qualified
surveyor of land- engineering company, or a private flood -plain consultant.
6) SURVEY: You may request amendment of the Area and Boundary Exception to read
Shortages in Area The Area and Boundary Exception is as follows: Any discrepancies,
conflicts, or shortages in area or boundary lines, or any encroachments, or protrusions, or any
overlapping of improvements. You must furnish a current survey. The survey must be
acceptable to the Company You also must pay an additional premium equal to 15% of the basic
premium charge. The Company may make additional exceptions for items shown on the survey.
BUYER DECLINES TO OBTAIN THIS ADDITIONAL COVERAGE.
7) PROPERTY TAX PRORATIONS: Property taxes for the current year have been
prorated between BUYER and SELLER, who each acknowledge understanding that these
proration are based either on tax amounts of the preceding year or on estimates of the appraised
value and /or estimated tax rates for the current year SELLER agrees that any default in prior
payment of property taxes, either current or delinquent, will on demand be promptly reimbursed
by SELLER to TITLE COMPANY. BUYER and SELLER each agree that, when amounts of
the current year's taxes become known and payable (on or about October 1st), they will adjust
any matters of re- proration and reimbursement between themselves and that TITLE COMPANY
shall have no further liability or obligation with respect to these prorations. However, in the
event of any conflict between this paragraph and the contract between BUYER and SELLER, the
contract will control.
8) TAX RENDITION AND EXEMPTIONS: Although the Central Appraisal District
(CAD) may independently determine BUYER'S new ownership and billing address through deed -
record research, BUYER is still obligated by law to "render" the Property for taxation, by
notifying the CAD of the change in the Property's ownership and of BUYER'S proper address
for tax billing. BUYER is advised that current year's taxes may have been assessed on the basis
of various exemptions obtained by SELLER (e.g., homestead or over -65). To the extent that
BUYER may qualify to continue these exemptions, it is the responsibility of BUYER to satisfy
requirements of the CAD within the period of time allowed. BUYER acknowledges
understanding these obligations and the fact that TITLE COMPANY assumes no responsibility
for future accuracy of CAD records concerning owneship, tax - billing address, or status of
exemptions.
Buyer's Initials:
Seller's Initials: Buyer's Initials:
Seller's Initials: Buyer's Initials:
Buyer's Initials:
Buyer's Initials:
Buyer's Initials:
9) ARBITRATION: You may require deletion of the arbitration provision of the
T -1 Owner's Title Policy. If you do not delete this provision, either you or the
Company may require arbitration, if the law allows. There is no charge to delete
this provision. (Not applicable to T -1R Residential Owner's Title Policy.)
10A) ACCEPTANCE OF REPAIRS: If SELLER and BUYER have previously
agreed upon SELLER'S obligation to perform certain repairs to the Property prior
to closing, both parties affirm that all agreed -upon repairs have been completed,
and BUYER accepts such repairs as being completed to BUYER'S satisfaction.
1OB) REPAIRS SUBSEOUENT TO CLOSING: If SELLER and BUYER have
agreed upon SELLER'S obligation for certain repairs or other work affecting the
Property, to be performed after closing, both BUYER and SELLER each
acknowledge their understanding that TITLE COMPANY shall have no duty or
responsibility concerning completion, quality of workmanship or materials, or
payment for such post- closing repairs or work to or on the Property.
11) HOMEOWNER'S ASSOCIATION: BUYER acknowledges notification that
ownership of the property involves membership in a Homeowner's or Property
Owner's Association, to which monthly or annual dues or assessments will be
owed that may be enforceable by a lien against the Property. BUYER understands
that the Association (or its managing agent) should be contacted by BUYER
directly to ascertain the exact amount of future dues or assessments. TITLE
COMPANY disclaims any knowledge of, and has made no representations with
respect to, the Association's annual budget, pending repairs or deferred
maintenance, if any, or other debts of the Association, BUYER accepts sole
responsibility to obtain such information and verify its accuracy to BUYER'S
satisfaction.
12) COMMON KEY NOTICE: BUYER acknowledges that the property being
purchased has been and presently is accessible by means of a common or master
key used by the SELLER for this and other properties. BUYER is advised to have
all locks on the property immediately re- keyed, which will be at BUYER'S
expense. BUYER hereby releases SELLER and TITLE COMPANY from liability
for any loss, damage or injury that may result from future unauthorized entry by
means of the common or master key.
13) OWNER POLICY REJECTION: Pursuant to the requirement of TEXAS
INSURANCE CODE Article 9.55, BUYER hereby acknowledges that the
Mortgagee Policy of Title Insurance to be issued under the File number referenced
above, in consideration of $ paid in policy premium, will
be issued for the benefit and protection of the Lender ONLY, and that such Policy
will not afford title insurance coverage to BUYER in the event of a defect in the
title to the real estate being acquired. An Owner Policy in the amount of
$ 596,500.00 shall be issued for an additional premium cost of
$ unless rejected by BUYER. BUYER HEREBY REJECTS
THE ISSUANCE OF AN OWNER POLICY.
Seller's Initials: Buyer's Initials:
Seller's Initials:
Seller's Initials: Buyer's Initials:
Seller's Initials:
Buyer's Initials:
14) PASS THROUGH PREMIUM BUYER has requested that the Owner
Policy premium paid (or to be paid) by SELLER in this transaction be applied to
issuance of an Owner Policy in favor of BUYER's transferee in a subsequent,
qualifying transaction. BUYER understands that this application fo the premium
will not result in issuance of any Owner Policy in favor of Buyer, and BUYER has
rejected issuance of an Owner Policy in BUYER's favor. SELLER HEREBY
CONSENTS TO THIS APPLICATION OF THE PREMIUM CHARGED AS
AGREED UPON BY SELLER AND BUYER.
15) CLOSING DISCLAIMER: SELLER and BUYER each acknowledge
understanding that the above - referenced transaction has not yet "closed ". At this
time, any change in possession of the Property takes place AT BUYER'S AND
SELLER'S OWN RISK. THIS TRANSACTION IS NOT "CLOSED" UNTIL:
• ALL TITLE REQUIREMENTS ARE COMPLETED TO THE
SATISFACTION OF TITLE COMPANY;
• ALL NECESSARY DOCUMENTS ARE PROPERLY EXECUTED,
REVIEWED, AND ACCEPTED BY THE PARTIES TO THIS
TRANSACTION AND BY TITLE COMPANY;
• ALL FUNDS ARE COLLECTED AND DELIVERED TO AND
ACCEPTED BY THE PARTIES TO WHOM THEY ARE DUE AND,
• ALL NECESSARY DOCUMENTS ARE FILED OF RECORD IN THE
APPROPRIATE PUBLIC RECORDS.
BUYER and SELLER also recognize that neither TITLE COMPANY nor its
underwriter -in- interest is under any obligation to defend possession of the Property
or to insure title of the Property, until such time as the above - stated requirements
have been fulfilled.
16) CLOSING DATE: BUYER and SELLER each acknowledge understanding
that the closing Statement has been prepared with an estimated date for the
transaction to fund. In the event the date of actual funding varies from the
estimated funding date, BUYER and SELLER expressly authorize the Title
Company to change payoffs and prepaid interest to reflect the actual funding date
without the need for BUYER and SELLER to return to the Title Company and
initial the changes.
17) IRS REPORTING: SELLER acknowledges having received at closing a
copy of the HUD -1 Settlement Statement as a Substitute Form 1099 -S. In
accordance with federal tax regulations, information from the HUD -1 Settlement
Statement will be furnished to the Internal Revenue Service.
Buyer's Initials 18) ERRORS AND OMISSIONS: In the event that any of the documents
prepared in connection with the closing of this transaction contain errors which
✓ misstate or inaccurately reflect the true and correct terms, conditions and
provisions of the closing, and the inaccuracy of misstatement is due to a clerical
error or to a unilateral mistake on the part of the TITLE COMPANY, or to a
mutual mistake on the part of the TITLE COMPANY and/or the SELLER and /or
the BUYER /BORROWER, the undersigned agree to execute, in a timely manner,
such correction documents as TITLE COMPANY may deem necessary to remedy
such inaccuracy or misstatement.
BUYER(S) SIGNATURE(S):
THE CITY OF ROUND ROCK, TEXAS
//��''
YT/L�, .:i��
■
By : OBERT A STLUKA/ JR.
Title: MAYOR
SELLER(S) SIGNATURE(S):
TRJ NELSON PARTNERSHIP
By: TOM E. NELSON,III,PARTNER
REBECCA B. NELSON,PARTNER, BY
HER DULY AUTHORIZED ATTORNEY -
IN -FACT JOHN COLEY NELSON
C
JOHN C. NELSON,PARTNER
STATE OF TEXAS
COUNTY OF WILLIAMSON
COUNTY OF TRAVIS
This instrument was acknowledged before me on th ;0,elfaCr a » . JULY,
1 99 over w er g Q Tielkwakttitk • JR . , MAYOR o ' a 1 f Y �� mY COMMI EXPI ; 1 / , ` i e" T� A -
a MY S T AR PUB IC, STATE OF TEXAS
November26,2000 �
STATE (;lrfflItS
Sworn to, subscribed and acknowledged before me on this
the a'f day of JULY, 1999, by TOM E. NELSON,III,PARTNER OF TRJ
NELSON PARTNERSHIP , ATEXAS GENERAL PARTNERSHIP, •' BEHALF OF
SAID PARTNERSHIP.
JAMES B. GARRISON JR.
Notary Pablk, Slab of TWa
My Commission Expires S•104002
Nos Public, S =te .f TEXAS
CONTINUATION OF ACKNOWLEDGEMENTS:
STATE OF TEXAS
COUNTY OF TRAVIS
SWORN TO, subscribed and acknowledged before me on this
the /7'7 day of JULY, 1999, by JOHN CORLEY NELSON,
attorney -in -fact for REBECCA B. NELSON, PARTNER OF TRJ NELSON
PARTNERSHIP, A TEXAS GENERAL PARTNERSHIP, ON BEHALF OF REBECCA
B. NELSON AND SAID PARTNERSHIP.
THE STATE OF TEXAS
COUNTY OF TRAVIS
This instrument was acknowledged before me this the,z7 day
of JULY, 1999 , byJOHN C. NELSON,PARTNER OF TRJ NELSON
PARTNERSHIP, A TEXAS GENERAL PARTNERSHIP, ON BEHALF OF SAID
PARTNERSHIP.
NOTARY P :
dir
JAMES S. GARRISON JR.
Notary Public. State of Tens
My Commission Expires 5-18-2002
LIC STATE OF TEXAS
AFFIDAVIT APPROVED BY THE TRAVIS COUNTY LAND TITLE ASSOCIATION
SELLER'S OR BORROWER'S AFFIDAVIT
AS TO DEBTS AND LIENS
TITLE COMPANY GFN: 99040299
CLOSER: JIM GARRISON
SELLER(S): TR7 NELSON PARTNERSHIP
STEWART TITLE AUSTIN, INC.
PROPERTY DESCRIPTION .413 acres of land, STREET ADDRESS OF PROPERTY:
more or less, out of the WILLIS DONAHO
SURVEY, Abstract No. 173 in Williamson
County, Texas, and being more fully
described by metes and bounds in
Exhibit "A" attached hereto and made a
Continued on next page
The undersigned affiant(s), after being duly sworn hereby state(s) under oath that the following information is true and correct:
1. Purpose of affidavit. This affidavit is made to Stewart Title Austin, Inc., lender, and other persons above as an inducement to
them to complete transaction in connection with the above - described property. The undersigned acknowledges that Stewart Title
Austin, Inc., lender, and other persons are relying upon the representations in this affidavit as being true and correct and that the
transaction would not be consummated without this affidavit being executed. The undersigned represents that he or she is the
person whose signature is affixed below and, if applicable, that he or she is duly authorized to execute this affidavit.
2. Debts or liens. There are no loans, tax liens, or other real estate liens except as indicated below:
Existing Creditor Approximate Amount
(TO BE COMPLETED BY SELLER /BORROWER BY HAND - DO NOT TYPE.)
3. Improvements debts or liens. Except as indicated below, there are no unpaid debts on any of the following items which may
be remaining on the property: plumbing fixtures, water heaters, floor furnaces, air conditioners, radio or television antennae,
carpeting, lawn sprinkling systems, venetian blinds, draperies, electric appliances, fences, street paving, or any personal property
or fixtures that are attached to or a part of the subject property described above, and there are no security interests on such property
secured by financing statements, security agreements or otherwise, nor any bills or contracts outstanding for materials furnished and
labor performed in connection with any construction or improvements on the above property. The exceptions are:
Existing Creditor Approximate Amount
(TO BE COMPLETED BY SELLER/BORROWER BY HAND - DO NOT TYPE.)
4. Pavinn liens. Affiant has received no notice of any paving liens or paving claims still outstanding against the property. There
are no petitions for the paving of streets, alleys, or sidewalks adjoining this property which are known to the undersigned.
PROPERTY DESCRIPTION CONTINUED
5. Bankruptcy. There are no proceedings in bankruptcy or receivership that have been instituted by or against the
undersigned. No assignment for the benefit of creditors has been made by the undersigned. The undersigned
acknowledges that bankruptcy of the undersigned will not discharge any liabilities to Stewart Title Austin, Inc., lender, or
other persons named above which arise out of false or fraudulent representations in this affidavit.
6. Condominium Declaration (applicable only for condominiums and townhouses). If the property is subject to
condominium or townhouses covenants, conditions or restrictions, all past and current assessments and dues assessed by
the owners' association created by the condominium or townhouse regime have been paid in full.
7. Civil liability The undersigned individually and as agent for the seller or borrower named above, is liable to Stewart
Title Austin, Inc., lender, and other persons relying on this affidavit for (1) payment of any unpaid debts or liens on the
property not disclosed above, and (2) attorneys fees and expenses incurred in enforcing such liability.
8. CRIMINAL LIABILITY THE UNDERSIGNED HAS BEEN NOTIFIED THAT A FALSE OR FRAUDULENT
REPRESENTATION KNOWINGLY MADE BY THE UNDERSIGNED IN THIS AFFIDAVIT MAY CONSTITUTE A
FELONY UNDER TEXAS PENAL CODE SECTIONS 31.03 (THEFT) AND 32.46 (SECURING DOCUMENT BY
FRAUD).
Please execute separate affidavit for each grantor signing an instrument of conveyance or indebtedness, unless grantors are
husband and wife.
SELLER(S) SIGNATURE(S):
SELLER(S) SIGNATURE(S):
TRJ NELSON PARTNERSHIP
' —
By: TOM E. NELSON,III,PARTNER
REBECCA B. NELSObi,PARTNER, BY
H ER DULY AUTHORIZED ATTORNEY -
IN -FACT JOHN CORLEY NELSON
C. q(pQ
HN C. NELSON,PARTNER
STATE OF TEXAS
•
COUNTY OF TRAVIS
Sworn to, subscribed and acknowledged before me on this
the day of JULY, 1999, by TOM E. NELSON,III,PARTNER AND JOHN
CORLEY NELSON, ATTORNEY -IN -FACT FOR REBECCA B. NELSON,PARTNER
AND JOHN C. NELSON, PARTNER ON BEHALF OF TRJ NELSON PARTNERSHIP.
Notary Public, State of TEXAS
GF#: 99040299
STATE OF TEXAS
COUNTY OF WILLIANSON
AFFIDAVIT OF POSSESSION TO REMOVE
RIGHTS OF PARTIES IN POSSESSION EXCEPTION
BEFORE ME, the undersigned authority, on this day personally appeared
TRJ NELSON PARTNERSHIP ( "Affiant "), who, after being by me duly
sworn, did state as follows concerning:
47.413 acres of land, more or lees, out of the WILLIS DONAHO
SURVEY, Abstract No. 173 in Williamson County, Texas, and being
more fully described by metes and bounds in Exhibit "A" attached
hereto and made a part hereof.
That said Land is currently occupied by no person or entity, either in whole or in part under
any lease, oral or written, nor is any person or entity presently entitled to or in possession of
the Land or any part thereof except Affiant, and no person or entity has been entitled to or in
possession of the Land or part thereof during the period in which Affiant has owned the same
except Affiant.
The representations herein are made for the purpose of inducing Stewart Title Austin, Inc. to
insure the title to said Land without exception for the rights of parties in possession and are
made with full knowledge that Stewart Title Austin, Inc. is relying upon the truth of said
statements.
Executed this 23rd day of July , 1999 .
STATE OF TEXAS
COUNTY OF TRAVIS
Sworn to, subscribed
111, Partner
on behalf of
Partnership.
JAMES B. GARRISON JR.
Nolaly Poblk, SWe of Texas
My Committer' Expkee 5. 182002
TRJ NELSON PARTNERSHIP
BY: Tom E. Nelson, III, Partner
Nota
Rebecca B. Nelson, Penner, by
her duty authorized Attorney -In-
Fact, John Corley Nelson
John C. Nelson, Partner
and acknowledged before me on this the .'7 day of July, 1999, by Tom E. Nelson,
t for Rebecca B. Nelson, Partner and .hnC. Nelson, Partner, 411111 .111 1 :41141/ - '41: Alk
ic, State of Texas
JUN - 28 - 1999 HON 03:32 PH STEWART TITLE
FOREST SURVEYING AND MAPPING CO.
1002 Ash St.
Georgetown, Tx. 78626
DESCRIPTION FOR T.R.J. NELSON PARTNERSHIP
ROUND ROCK SOCCER ASS°_
BEING 47.413 acres of the Willis Donaho Survey, Abstract No.
173, in Williamson County, Texas; part of the 47.46 acre First
Tract which is described in a deed to T.R. J. Nelson Partnership,
recorded in Document 9610394, Official Records of Williamson
County, Texas. Surveyed on the ground in May of 1999, by William
F. Forest, Jr., Registered Professional Land Surveyor No. 1847.
BEGINNING at an iron pin which was found in a fence, at the
Southwest corner of the said 47.46 acre First Tract.
THENC& with the West line of the said 47.46 acre tract, N 00
deg. W (North) 2316.89 feet to an iron pin set.
THENCE with the South line of Couinty Road 113, N 90 deg. E
(East) 686.30 feet to an iron pin found at the Northwest fence
corner of a tract owned by Mrs, E.E. Johnson and described in Vol.
347, Pg. 581,
THENCE along an existing fence, S 00 deg. 10 min. 20 sec. W
313.57 feet to an iron pin set; and N 89 deg. 21 min. 22 sec. E
238.83 feet to an iron pin found.
THENCE with the West line of County Road 122, S 00 deg. 00
52 set. W 2003 95 f'
min. 2003.95 eet to a steel cotton spindle set.
THENCE finding iron pipes as follows; S 89 deg. 50 min. W
150,00 feet; S 89 deg. 55. min. 41 sec, W 299.89 feet; S 09 deg. 50
min. W 445.70 feet; and N 89. deg. 53 min. 50 sec. W 28.08 feet to
the POINT OF BEGINNING, -
STATE OF TEXAS
COUNTY OF WILLIAMSON
I, WM. F. FOREST, JR., do hereby certify that this survey was
made on the ground of the property legally described hereon and is
correct and that there are no significant boundary line conflicts;
shortages in area, apparent protrusions, intrusions or overlapping
of improvements, utility lines or roads, except as shown on the
attached plat, and that said property abuts a public roadway,
except as shown,. Ownership and easement information for this tract
has not been researched except as shown on the attached plat.
TO CERTIFY WHICH, WITNESS my hand and
Texas, this the 10TH day of May, 1999, A.D.
KNOW ALL MEN BY THESE PRESENTS;
GISTERED PROFESSI (AL LAND SURVEYOR NO. 1847
EMT " "
FAX Na 472 3101 P, 07/14
0- `t94+1- 0ag1 -3G- to
SPECIAL POWER OF ATTORNEY'', h I:e a true and
;;(tact . ,anginal instrument.
61E0/ART / �TITLE COMPANY
THE STATE OF TEXAS § BY ef7
COUNTY OF WILLIAMSON §
For the purposes stated herein, I, Rebecca Barton Nelson, a resident of Travis County,
Texas, hereby make, constitute and appoint my brother, John Corley Nelson, an individual residing
in Travis County, Texas, as my true and lawful attorney -in -fact to act in my name, place and stead
to grant, bargain, sell and convey all or any part of my interest in the real property described as
47.413 acres of land, more or less, out of the WILLIS DONAHO SURVEY, Abstract No 173 in
Williamson County, Texas, which real property is currently the subject of a pending written contract
of purchase and sale entered into by and between TRJ Nelson Partnership and the Round Rock
Soccer Association ( "RRSA ") and subsequently assigned by RRSA to the City of Round Rock,
Texas, as amended from time to time (the "Contract "), and which real property is more particularly
described in Exhibit "A" attached hereto and incorporated herein for all purposes (the "Property ").
My agent and attorney-in-fact may act for me both individually and in my capacity as a
partner in TRJ Nelson Partnership and may grant, bargain, sell and convey the Property to the City
of Round Rock, Texas or its assignee under the Contract. He may execute, acknowledge, and
deliver, in my name or on my behalf, such Contract amendments, deeds, conveyances and other
sales and related closing documents with such covenants or conditions as may be proper or that may
be required for the sale and transfer of the Property or any part of it or of any interest in it to the
City of Round Rock, Texas or its assignee under the Contract. My agent and attorney-in-fact has
full authority to collect any moneys, sums, or other matters of value that may be due me in
connection with such transaction for me or for my use and benefit.
I hereby grant to my attomey -in -fact the full power and authority to do and perform all acts
that I could do as herein specified, and further ratify and confirm all documents executed by my
attorney -in -fact, as authorized in the preceding paragraph. I hereby agree and represent to those
persons dealing with my attorney -in -fact that this limited power may be revoked prior to August 10,
1999 only by written instrument of revocation filed of record in the office of the County Clerk of
Williamson County, Texas. Unless sooner terminated by written instrument filed as specified
herein, this limited power of attorney will automatically terminate at 5:00 P.M. Austin, Texas time
on August 10, 1999.
My attomey -in -fact will not be obligated to furnish bond or other security. This Special
Power of Attorney will not terminate on my death or disability. Any affidavit executed by my
attorney -in -fact, stating that he does not have, at that time, actual knowledge of the revocation or
termination of this Special Power of Attorney is, in the absence of fraud, conclusive proof of the
non - revocation or non - termination of this Special Power of Attorney. I authorize my attorney -in-
fact to indemnify any third party who accepts and acts under this Special Power of Attorney and
represent to all third parties that they may recognize the authority of my attorney -in -fact and may
transact with him in the same manner and to the same extent as they could transact with me.
57980.2 /071699
A true and correct signature of my attorney -in -fact is as follows:
THE STATE OF TEXAS
COUNTY OF TRAVIS
57980.2'071699
John Corley Nelson:
IN WITNESS WHEREOF, executed this 11: of July, 1999.
Rebecca Barton Nelson
This instrument was acknowledged before me this /‘day of July, 1999, by Rebecca
Barton Nelson.
Notary PubliiSignature
Jun — Lo — e ddy nuN u3:JG rn s (miff TITLE
FAX NO. 472 3101 P. '07/14,
FOREST SURVEYING AND MAPPING CO.
1002 Ash St.
Georgetown, Tx. 78626
DESCRIPTION FOR T.R.J. NELSON PARTNERSHIP
ROUND ROCK SOCCER ASSO.
BEING 47.413 acres of the Willis Donaho Survey, Abstract No.
173, in Williamson County, Texas; part of the 47.46 acre First
Tract which is described in a deed to T.R. J. Nelson Partnership,
recorded in Document 9610394, Official Records of Williamson
County, Texas. Surveyed on the ground in May of 1999, by William
F. Forest, Jr., Registered Professional Land Surveyor No. 1847.
BEGINNING at an iron pin which was found in a fence, at the
Southwest corner of the said 47.46 acre First Tract.
THENCE. with the West line of the said 47.46 acre tract, N 00
deg. W (North) 2316.89 feet to an iron pin set.
THENCE with the South line of Couinty Road 113, N 90 deg. E
(East) 686.30 feet to an iron pin found at the Northwest fence
corner of a tract owned by Mrs. E.E. Johnson and described in Vol.
347, Pg. 581,
THENCE along an existing fence, S 00 deg. 10 Alin. 20 sec. W
313.57 feet to an iron pin set; and N 89 deg. 21 min. 22 sec. E
238.83 feet to an iron pin found.
THENCE with the West line of County Road 122, S 00 deg. 00
min. 52 sec. W 2003.95 feet to a steel cotton spindle set.
THENCE finding iron pipes as follows; S 89 deg. 50 min. W
150.00 feet; S 89 deg. 55 min. 41 sec. W 299.89 feet; S 89 deg. 50
min. W 445.70 feet; and N 89 deg. 53 min. 50 sec. W 28.08 feet to
the POINT OF BEGINNING.
STATE OF TEXAS
COUNTY OF WILLIAMSON
I BI7 "A"
KNOW ALL MEN BY THESE PRESENTS;
I, WM. F. FOREST, JR., do hereby certify that this survey was
made on the ground of the property legally described hereon and is
correct and that there are no significant boundary line conflicts;
shortages in area, apparent protrusions, intrusions or overlapping
of improvements, utility lines or roads, except as shown on the
attached plat, and that said property abuts a public roadway,
except as shown. Ownership and easement information for this tract
has not been researched except as shown on the attached plat.
TO CERTIFY WHICH, WITNESS my hand and seal at Geor eta r`•�
of Ma 1999, A.D. g i
Y May, File: wp21:RRSA �
Texas, this the 10TH day
,f/ WM. F. FOREST JR. • , ' " ui;
4 •
GISTERED PROFESSIf9l1AL LAND SURVEYOR NO. 1847
•
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
57e5e.3/072155
We hereby certify this to be a true and
correct copy of the original instrument.
GENERAL WARRANTY DEER STEWART T TLE COMPANY
BY
KNOW ALL MEN BY THESE PRESENTS THAT
TR] NELSON PARTNERSHIP, a Texas general partnership ( "Grantor"), for the consideration hereinafter
stated by THE CITY OF ROUND ROCK, TEXAS ( "Grantee "), whose mailing address is
221 E . Main S t. , Round Rock, TX , has GRANTED, SOLD AND CONVEYED, and by these presents does
GRANT, SELL AND CONVEY, unto Granter; subject to all of the reservations, exceptions and other matters set forth
or referred to herein, the following desenbed real property, together with all improvements thereon, if any (the
"Property "), to -wit:
47.413 acres of land. more or less, out of the WILLIS DONAHO SURVEY,
Abstract No. 173 in Williamson County, Texas, which land is more particularly
described on Exhibit "A" attached hereto and incorporated herein by reference.
TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto
in anywise belonging unto Grantee, and Grantee's successors or assigns, forever, and, subject to all of the matters set
forth or referred to herein, Grantor does hereby bind itself and its successors to WARRANT AND FOREVER
DEFEND all and singular the Property unto Grantee, Grantee's successors and assigns, against every person
whomsoever lawfully claiming or to claim the same, or any part thereof; provided. however that this conveyance is
made by Grantor and accepted by Grantee subject to: (a) all of the title exceptions and other maners revealed in or
by the documents and maners listed on Exhibit "B" attached hereto and incorporated herein by reference; (b) all
easements, rights of way, leases, rtscrvations, mineral severances, covenants, conditions, restrictions and other matters
which are of record or otherwise applicable to the Property; (c) all regulations, restrictions, laws, statutes, ordinances,
obligations or other matters which affect the Property and which arc imposed by or exist by reason of any regulatory.
governmental, or quasi - governmental districts, entities, agencies, authorities or other bodies of any kind or nature
( "Governmental Authorities "); (d) all riparian rights, water tights, or other rights of any kind or nature pertaining to
the bed orbanks of any watercourse which affect the Property and which are held by or relate to any Governmental
Authorities, the public generally or any persons or entities; (e) all standby fees, tares and assessments by any taxing •
authority for the current and all subsequent years, and all taxes and assessments for prior years due to change In land
usage or ownership, and all liens securing the payment of any of the foregoing, and (f) all reservations, mineral
severances, restrictions, covenants, conditions, and other matters set forth herein. Ad valorem taxes with respect to
the Property for the eau cut year have been prorated as of the date hereof. By acceptance of this deed, Grantee
assumes and agrees to pay and inderrmifies and agrees to hold Grantor harmless from and against all ad valorem taxes
relating to the Property, for the current and all subsequent years, and for any assessments for the current and any prior
years which arise on or after the date of this deed due to change in usage or ownership of the Property or otherwise.
The consideration for this conveyance, receipt and sufficiency of which Grantor acknowledges, is a full
valuable cash consideration to Grantor in hand paid by Grantee for which no lien either express or implied is retained.
GRANTOR HAS EXECUTED AND DELIVERED THIS GENERAL WARRANTY DEED AND HAS
CONVEYED THE PROPERTY AND GRANTEE HAS RECEIVED AND ACCEPTED THIS GENERAL
WARRANTY DEED AND HAS PURCHASED THE PROPERTY "AS IS ", "WHERE IS ", AND "WITH ALL
FAULTS" AND WITHOUT REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR
MOLTED, WRITTEN OR ORAL (EXCEPT FOR THE WARRANTY OF TITLE EXPRESSLY SET FORTH
HEREIN)_ WITHOUT LIMITATION ON THE FOREGOING, GRANTEE, BY ACCEPTANCE OF THIS
DEED, ACKNOWLEDGES THAT (EXCEPT FOR THE WARRANTY OF TITLE EXPRESSLY SET FORTH
HEREIN) GRANTOR HAS NOT MADE, DOES NOT MAKE AND SPECIFICALLY NEGATES AND
DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, PROMISES, COVENANTS, AGREEMENTS OR
GUARANTIES OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED,
ORAL OR WRITTEN, PAST, PRESENT OR FUTURE, OF, AS TO, CONCERNING OR WITH RESPECT
TO THE PROPERTY OR THE CONDITION OF THE PROPERTY. GRANTEE EXPRESSLY
ACKNOWLEDGES AND AGREES THAT ANY INFORMATION PROVIDED TO GRANTEE BY GRANTOR
OR ANY PARTY ACTING OR ALLEGEDLY ACTING FOR OR ON BEHALF OF GRANTOR WITH
RESPECT TO THE PROPERTY HAS NOT BEEN INDEPENDENTLY INVESTIGATED OR VERIFIED BY
GRANTOR; THAT GRANTOR IS MAKING NO REPRESENTATIONS OR WARRANTIES WHATSOEVER
AS TO THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION; AND THAT GRANTOR IS
NOT, AND SHALL NOT BE, LIABLE OR BOUND IN ANY MANNER BY ANY VERBAL OR WRITTEN
STATEMENTS, REPRESENTATIONS, REPORTS, SURVEYS OR OTHER INFORMATION OF ANY KIND
OR NATURE PERTAINING TO THE PROPERTY, OR THE OPERATION THEREOF, FURNISHED BY
ANY REAL ESTATE BROKER, AGENT, EMPLOYEE, SERVANT, OR OTHER PERSON. GRANTOR AND
GRANTEE EXPRESSLY CONFIRM AND AGREE THAT THE PURCHASE PRICE PAID BY GRANTEE
TO GRANTOR FOR THE PROPERTY HAS BEEN ADJUSTED AND AGREED UPON BY GRANTEE AND
GRANTOR IN PART AS A RESULT OF GRANTEE'S AGREEING TO PURCHASE THE PROPERTY IN
ITS CURRENT CONDITION, AND SUBJECT TO THE DISCLAIMER OF REPRESENTATIONS AND
WARRANTIES SET FORTH HEREIN.
Grantee expressly understands, acknowledges and by acceptance of this deed agrees that no portion of the
Property may be used for any other purpose except recreation or park land purposes without the express written
consent of Grantor, which consent may be granted or withheld in Grantor's sole and absolute discretion Grantee
further understands, acknowledges. and by acceptance of this deed agrees that the use restriction stated herein (i) shall
be considered a covenant naming with the land, (ii) shall bind Grantee, Grantee's successors and assigns and all
present and future owners of the Property, (iii) shall inure to the benefit of and may be enforced by Grantor or
Grantor's successors and assigns. and (iv) may be modified only with the written consent of Grantor or Grantor's
successors or assigns which is acknowledged and recorded in the Real Property Records of Williamson County, Tags.
Except for an express written waiver of the use restriction stated herein, no act or omission on the part of Grantor or
Grantor's successors or assists shall be construed to be a waiver of the operation or enforcement of such use
restriction.
[Remainder of page intentionally left blank.]
RECEIVED, ACCEPTED AND AGREED
TO BY GRANTEE:
THE CITY OF ROUND ROCK, TEXAS
THE STATE OF TEXAS
COUNTY OF TRAVIS
This instrument was acknowledged before me
Nelson, III. partner of TPJ Nelson Partners
THE STATE OF TEXAS
COUNTY OF TRAVIS
EXECUTED AND DELIVERED the ,Z 7 day of ../u.4 y 1999.
TRJ NELSON PARTNERSHIP, a Texas general partnership
Tom E. Nelson, I, Partner
By:
By: \ 4 C
Rebecca B. Nelson, Partner, by her duly authorized
attorney -in -fact, John Corley Nelson
This instrument was acknowledged before me this A7 day of
Corley Nelson, atomey -in -fact for Rebecca B. Nelson, partner of TRJ Nel
partnership, on behalf of Rebecca B. Nelson and said partnership.
By: G - �Y IYYGbtr�
John C. Nelson, Partner
1.e
air
JAMES B. GARRISON JR.
Notary Puetk, Stale of Tams
My Commission Expires 5. 184002
this 27 day of
general partnership,
Signature
1999, by Tom E.
of said partnership.
. 1999, by John
ership, a Texas general
THE STATE OF TEXAS
COUNTY OF UJlll
• ururrru«a,< n , ,rr:auauerr5
Kathleen Laporte Schneider
MY COMMISSION EXPIRES
November 2000 �c
COUNTY OF TRAVIS
This instrument was acknowledged before me this O7 day of h' fdaz 1999, by John C.
Nelson partner of TRJ Nelson Partnership, a Texas general partnership, on be o d partnership.
JAMES 8. GARRISON R. 4 • �
Notary POMk, State of TIC
My Comminlon Expires 5- 19.2002 I,
§
This instrument was acknowledged before me this at0 day of Sin la.` 1999, by Rebell
A. Stluka, Mayor of The City of Round Rock, Texas, a home rule city, on behalf of said city
AFTER RECORDING RETURN TO:
ATTN: JIM GARRISON
STEWART TITLE
P. 0. BOX 1806
AUSTIN, TEXAS 78767
- 4 -
Public Signature
' JUN - 28 - 1999 11014 03 :32 P11 STEWART TfTLE
•
•
FOREST SURVEYING AND MARRING CO.
1002 Ash St.
Georgetown, Tx. 78626
DESCRIPTION FOR T.R.J. NELSON PARTNERSHIP
ROUND ROCK SOCCER ASSO.
BEING 47.413 acres of the Willis Donaho Survey, Abstract No.
173, in Williamson County, Texas; part of the 47.46 acre First
Tract which is described in a deed to T.R. J. Nelson Partnership,
recorded in Document 9610394, Official Records of Williamson
County, Texas. Surveyed on the ground in May of 1999, by William
F. Forest, Jr., Registered Professional Land Surveyor No. 1847.
BEGINNING at an iron pin which was found in a fence, at the
Southwest corner of the said 47.46 acre First Tract.
THENCE' with the West line of the said 47.46 acre tract, N 00
deg. W (North) 2316.89 feet to an iron pin set.
THENCE with the South line of Couinty Road 113, N 90 deg. E
(East) 686.30 feet to an iron pin found at the Northwest fence
corner of a tract owned by Mrs, E.E, Johnson and described in Vol.
347, Pg. 581.
THENCE along an existing fence, S 00 deg. 10 min. 20 sec. W
313.57 feet to an iron pin set; and N 89 deg. 21 min; 22 sec. E
238.83 feet to an iron pin found.
THENCE with the West line of County Road 122, S 00 deg. 00
min. 52 sec. W 2003.95 feet to a steel cotton spindle set.
THENCE finding iron pipes as follows; S 89 deg. 50 min. W
150,00 feet; S 89 deg. 55. min. 41 sec. W 299.89 feet; S 89 deg. 50
min. W 445.70 feet; and N 89 deg. 53 min. 50 sec. W 28.08 feet to
the POINT OF BEGINNING, .
STATE OF TEXAS
COUNTY OF WILLIAMSON
•
•
•
•
I, WM. F. FOREST, JR., do hereby certify that this survey was
made on the ground of the property legally described hereon and is
correct and that there are no significant boundary line conflicts;
shortages in area, apparent protrusions, intrusions or overlappin
of improvements, utility lines or roads, except as shown on the
attached plat, and that said property abuts a public roadway,
except as shown. Ownership and easement information for this tract
has not been researched except as shown on the attached plat.
Texas, this the 10TH
TO CERTIFY WHICH WITNESS m hand and seal at Geor eta I ?I ti
day of May, 1999, g " r� ` �,.; ;
Y. A.D. File: wp21:RRSA �i�;: �:'��. .
GISTERED PROFESSI
EXEDIT "A"
FAX Na 472 3101
KNOW ALL MEN EY THESE PRESENTS;
WM.F. FOREST JR.
LAND SURVEYOR NO. 1047
P, 07/14
I. Any discrepancies, conflicts, or shortages in arra or boundary lines, or any encroachments or
protrusions, or any overlapping of improvements.
2. The right of Roland Wieland to harvest crops on subject property as set out in a Letter Agreement
dated April 1999, not of record.
bonds.
3. The following easements:
EXHIBIT "B"
a. Easement dated lone 15, 1928 to Lone Star Gas recorded in Volume 238, Page 184, Deed
Records, Williamson County, Texas.
b. Easement dated Yule 17, 1960 to Texas Power & Ligin Co.. recorded in Volume 489, Page
276, Deed Records, Williamson Cotmty, Texas,
c. Easement dated September 8, I964 to Texas Power & Light Co., recorded in Volume 473,
Page 542, Deed Records, Williamson County, Texas.
d. Easement dated July 19, 1951 to Tons Power & Light Co.. recorded in Volume 373, Page
561, Deed Records, Williamson County, Texas.
e. Easement dated July 11, 1940 to Texas Power & Light Co., recorded in Volume 304, Page
258, Deed Records, Williamson County, Teems.
4. All mattes depicted on the survey of the Property dated May 7, 1999, prepared by William F. Forest.
Jr., Registered Professional Land Surveyor No. 1847 including, but not limited to, overhead power lines and poles,
5. The rights of Brushy Creek Water Control and Improvement District No. 1 to levy taxes and issue
- 6 -
GFp 99040299
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
July 27, 1999
NOTICE TO PURCHASERS
1/
BY:, ohn C. Nelson, Partner
We hereby certify thle to be a true and
correct copy of the original inetrumant.
STEWARTTbTJ COMPANY
BY (�
The real property, described below, which you are about to purchase is located in the Brushy Creek Municipal Utility
District.
axing authority, and may, subject to issue unlimited t am amount of bonds and levy e an unliro ed any
e f tax payment of such bonds. As of This date the rate of
saxes levied by the district on real property located in the district is $.63000 on each $100 of assessed valuation. The total
amount of bonds which has been approved by the voters and which have been or may, at this date, be issued is
$35,000,000.00, and the aggregate initial principal amounts of all bonds issued for one or more of the specified facilities
of the district and payable in whole or in pan from property taxes is $27,725,000.00.
The district also has the authority, subject to the approval of the Texas Natural Resources Conservation Commission
(TNRCC), to adopt and impose a standby fee on property in the district that has District- financed water or sewer facilities
and services available but not connected. The District may exercise the authority without holding an election on the
matter. As of this dale the most recent amount of the standby fee is $0.00. An unpaid standby fee is a personal obligation
of the person that owned the property at the time of imposition and is secured by a lien on the property. Any person may
request a certification from the District stating the amount, if any, of unpaid standby fees on a tract of properly in the
District.
The land that you are acquiring is /is not located within the 1484.39 acres of land added to the District in 1983. The
District added the 1484.39 acres of land subject to the terms and conditions contained in a resolution adopted on March
10, 1983, by the City council of the City of Austin, Texas consenting to the addition of the land to the District, as required
by Section 54.016 of the Texas Water Code. The resolution provides that the City of Austin (hereinafter referred to as
"City ") may annex the 1484.39 acres of land after installation of water and sewer facilities in the area is ninety percent
complete, or after March 10, 1998 whichever occurs first. The resolution further provides that after annexation by the
City of the 1484.39 acres of land, "then, pursuant to the authority of Section 54.016(11) of the Texas Water Code, the City
may set rates for water and sewer service to such land annexed by the City which rates may vary from those rates for
other properties within the City for the purpose of wholly or partially compensating the City for the City's assumption of
the proportion of the District's obligation which were attributable to the properly annexed by the City, divided by the
number of planned living unit equivalents within the property annexed to the City. (At the time of execution of this
resolution the number of living unit equivalents planned for the land described in Exhibit 'A' is approximately 8,000.)
The surcharge shall be continued by the City from the date of its annexation until the bonded indebtedness has been
retired. The tern living unit equivalent, as used herein, means the term 'living unit equivalent' as defined at the time of
this Resolution in City of Austin Ordinance No 760325 -D."
The purpose of this district is to provide water, sewer, and drainage facilities and service within the district through the
issuance of bonds payable in whole or in part from property taxes. The cost of these utility facilities is not included in the
purchase price of your properly, and these utility facilities are owned or to be owned by the district., The legal description
of the property which you are acquiring is as follows:
47.413 acres of land, more or lees, out of the WILLIS DONAIIO SURVEY,
Abstract No. 173 in Williamson County, Texas, and being more fully
described '5y metes and bounds in Exhibit "A" attached hereto and made
a part hereof.
TRY NELSON PARTNERSHIP
BY: Tom E. Nelson, Partner
C
Rebecca B. Nelson, Partner, by
her duly authorized Attorney -In-
Fact, John Corley Nelson
NOTICE TO PURCHASERS continued (GF 99040299 )
The undersigned purchaser hereby acknowledges receipt of the foregoing notice at or prior to execution of a binding
contract for the purchase of the real property described in such notice or at closing of purchase of the real properly.
July 27, 1999
STATE OF TEXAS
COUNTY OF TRAVIS
Sworn to, subscribed and acknowledged before me on this the day of July, 1999, by Tom E. Nelson,
III, Partner of TRJ Nelson Partnership, a Texas General Partnership, on behalf of said partners
y
ry
STATE OF TEXAS
COUNTY OF TRAVIS
Sworn to, subscribed and acknowledged before me on this the
Nelson, attorney-in-fact for Rebecca B. Nelson, Partner of TRJ Nelson Partnership, a Texas General l Partne ship, 011
behalf of Rebecca B. Nelson and said partnership.
STATE OF TEXAS
COUNTY OF TRAVIS
Sworn to, subscribed and acknowledged before me on this the
Partner of TRJ Nelson Partnership, a Texas General Partnership, on behalf � said partner 1999, by John C. Nelson,
STATE OF TEXAS
COUNTY OF TRA
Sworn to, subscribed and acknowledged before me on this ff
Jr., Mayo aafrr7;ko R� 9 a P day of Ju1�19 p R
bf.Rf�J$!Qc�: rr7t�hrliflfilsi rt A. Stinks,
YRy
Kathleen Laporte Schneider
MY WMMISStON EXPIRES
November 26, 2000 r
THIS F antlefffitint A lkue ENIENCE TO CLIENTS OF STEWART TITLE AUSTIN, INC.
ACCORDING TO SECTION 50.301 OF THE TEXAS WATER CODE, ANY SELLER OF PROPERTY LOCATED
IN A DIS'T'RICT AS DEFINED WITHIN THE CODE, MUST GIVE WRITTEN NOTICE TO TIIE PURCIIASER AS
PROVIDED FOR IN THE CODE. THE INFORMATION CONTAINED HEREIN IS THE MOST CURRENT OF
RECORD TO THE BEST OF STEWART TITLE AUSTIN, INC.'S KNOWLEDGE. THE SELLER IS
ENCOURAGED TO VERIFY THE ACCURACY OF THE INFORMATION BY CONTACTING THE DISTRICT
PRIOR TO USING IS FORM.
R4A b
SELLER'SUNITIALS
N
JAMES B. GARRISON JR.
Notary Punk. Slate of Tani
My Commission bingos 5.18-2002
N
JAMES B. GARRISON JR.
Notary ROM, Slabs of Texas
My Commission Expires 5 -18 -2802
JAMES 0. GARRISON JR.
Nobly Public. Slate of Tens
My Commission Ixptru 5. 18-2002
Si
AFTER RECORDING R T RN TO:
ATTN: JIM GARRISON
STEWART TITLE
P.C. . BOX 1806
AUSTIN, TEXAS 78767
THE CITY OF ROUND ROCK, TEXAS
State of Texas
1c, State of Texas
State of Texa
N tary Public, State of Texas
JUN - 28 -1999 M0N 03 :32 PM STEWART TITLE
DESCRIPTION FOR T.R.J. NELSON PARTNERSHIP
ROUND ROCK SOCCER ASSO.
BEING 47.413 acres of the Willis Donaho Survey,. Abstract No.
173, in Williamson County, Texas; part of the 47.46 acre First
Tract which is described in a deed to T.R. J. Nelson Partnership,
recorded in Document 9610394, Official Records of Williamson
County, Texas. Surveyed on the ground in May of 1999, by William
F. Forest, Jr., Registered Professional Land Surveyor No. 1847.
BEGINNING at an iron pin which was found in a fence, at the
Southwest corner of the said 47.46 acre First Tract.
THENCE, with the West line of the said 47.46 acre tract, N 00
deg. W (North) 2316.89 feet to an iron pin set.
THENCE with the South line of Couinty Road 113, N 90 deg. E
(East) 686.30 feet to an iron pin found at the Northwest fence
corner of a tract owned by Mrs. E.E. Johnson and described in Vol.
347, Pg. 581.
THENCE along an existing fence, S 00 deg. 10 min.•20 sec. W
313.57 feet to an iron pin set/ and N 89 deg. 21 min. 22 sec. E
238.83 feet to an iron pin found.
THENCE with the West line of County Road 122, S 00 deg. 00
min. 52 sec, W 2003,95 feet to a steel cotton spindle set.
THENCE finding iron pipes as follows; S 89 deg. 50 min. W
150,00 feet; S 89 deg. 55. min. 41 sec. W 299.89 feet; S 89 deg. 50
min. W 445.70 feet; and N 89. deg, 53 min. 50 sec. W 28.08 feet to
the POINT OF BEGINNING, .
STATE OF TEXAS
COUNTY OF WILLIAMSON
FOREST SURVEYING AND MAPPING CO.
1002 Ash St.
Georgetown, Tx. 78626
•
•
•
•
•
•
FAX N0, 472 3101 P. 07/14
KNOW ALL MEN BY THESE PRESENTS;
1, WM. F. FOREST, JR., do hereby certify that this survey was
made on the ground of the property legally described hereon and is
correct and that there are no significant boundary line conflicts;
shortages in area, apparent protrusions, intrusions or overlapping
of improvements, utility lines or roads, except as shown on the
attached plat, and that said property abuts a public roadway,
except as shown. Ownership and easement information for this tract
has not been researched except as shown on the attached plat.
TO CERTIFY WHICH, WITNESS my hand and seal at Geor stow,; ,,!
Texas, this the 10TH day of M, 1999, A.D. g 1:'•
ay File: wp21:RRSIi •ic /'• S: ti'('
WM E FOREST JR
GISTERED PROFESSI, AT, LAND SURVEYOR NO. 1847
EMIT X111
RESOLUTION NO. R- 99- 06- 24 -10E2
WHEREAS, TRJ Nelson Partnership ( "TRJ ") and the Round Rock
Soccer Association ( "RRSA ") have entered into that one certain
Unimproved Property Contract ( "Contract ") whereby TRJ agreed to
sell to RRSA 47.72 acres of land out of the Willis Donaho Survey,
Abstract No. 173, Williamson County, Texas, a copy of said Contract
being attached hereto as Exhibit "A ", and
WHEREAS, TRJ and RRSA entered into that one certain First
Amendment to Unimproved Property Contract ( "First Amendment ")
whereby the said parties agreed to extend the inspection and
feasibility period to June 26, 1999, a copy of said First Amendment
being attached hereto as Exhibit "B ", and
WHEREAS, RRSA wishes to assign to the City of Round Rock
( "City ") all of its right, title and interest in and to the
Contract, and the City Council wishes to assume RRSA's obligations
and accept said assignment, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS,
That the Mayor is hereby authorized and directed on behalf of
the City of Round Rock to execute a Second Amendment to Unimproved
Property Contract and Assignment of Contract ( "Second Amendment "),
a copy of said Second Amendment being attached hereto as Exhibit
x:\ weoocs \R.01.,1\R9O6a4aa.wau /als
The City Council hereby finds and declares that written notice
of the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to
the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered
and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended, and the Act.
RESOLVED this 24th day of June, 1999.
ATTEST:
4
it _ A
E LAND, City Secretary
2.
diF
ROe T A. STLUKA, J Mayor
City of Round Rock, Texas
Thursday, June 24, 1999
Mr. Stephan L. Sheets
Brown McCarroll Sheets & Crossfield, L.L.P.
309 E. Main Street
Round Rock, TX 78664
c/o Ms. Lolita Norby - Amazeen
Co!dwell Banker Richard Smith Realtors
609 Castle Ridge Road, Suite 440
Round Rock, TX 78664
Dear Steve and Kevin:
Sincerely,
Tom Nelson III
fc: John C. Nelson
Tom Nelson Properties, Inc.
3404 Glenview Avenue Tel.: (512) 467 -7080
Austin, Texas 78703 Fax: (512) 451 -0685
Mr. Kevin Carlyle
Round Rock Soccer Association
RE: 47.413 Acres, more or less, out of the Willis Donaho Survey, Abstract
No. 173, Williamson County, Texas
Please find the original "Second Amendment to Unimproved Property Contract and
Assignment of Contract" for the above referenced contract. Steve had requested
delivery of the original to his office today prior to the City Council meeting. Lolita
mentioned that she would make contact with Kevin concerning his signiture of the
document.
Steve, please contact me or John following the meeting tonight in order to let us know
the results of the Council's vote concerning the purchase of the subject tract.
SECOND AMENDMENT TO UNIMPROVED PROPERTY CONTRACT
AND ASSIGNMENT OF CONTRACT
This Second Amendment to Unimproved Property Contract and Assignment of Contract (the
"Second Amendment ") is entered into by and between TRJ NELSON PARTNERSHIP, a Texas
general partnership ( "Seller "), ROUND ROCK SOCCER ASSOCIATION ( " Buyer" and
"Assignor") and 113@: CITY OF ROUND ROCK, TEXAS, a home rule city ( "Assignee ") and is
dated effective June 25, 1999.
RECITALS:
A. Seller and Buyer entered into that certain Unimproved Property Contract
( "Contract "), including the Special Provisions Addendum attached to and incorporated into the
Contract as part thereof (the "Addendum "), which were both received and receipted by Stewart
Title Austin, Inc. (the "Title Company ") on April 15, 1999, whereby Seller agreed to sell and Buyer
agreed to purchase 47.413 acres of land, more or less, out of the Willis Donaho Survey, Abstract
No. 173, in Williamson County, Texas, as more fully described in the Contract to which reference
is hereby made for further description (the "Property ").
B. Pursuant to that certain First Amendment to Unimproved Property Contract effective
June 10, 1999 (the "First Amendment "), Seller and Buyer amended the Contract and Addendum by
extending Buyer's inspection and feasibility period.
C. Pursuant to the terms and conditions hereof, the parties hereto desire: (i) Buyer and
Seller to further amend the Contract and Addendum to extend the inspection and feasibility period
and the Closing Date, and (ii) Assignor to assign to Assignee its interest in the Contract, as amended
by the First Amendment and this Second Amendment.
AGREEMENT:
In consideration of TEN AND NO /100 DOLLARS ($10.00) and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree
as follows:
1. Amendment of Contract. Seller and Buyer do hereby amend the Contract and
Addendum by (i) extending the Buyer's inspection and feasibility period (and right to terminate the
Contract in conjunction therewith, until 5:00 p.m. CDT July 12, 1999,(ii) extending the Closing
Date for the Contract until 5:00 p.m. CDT July 27, 1999, and (iii) adding the following provision
as new Paragraph 18 to the Addendum:
Second Amendment to Unimproved Property Contract
and Assignment of Contract
58746.3/062399
"18. Land iJse. Buyer and Seller hereby acknowledge and agree that in the event
of Closing and conveyance of the Property from Seller to Buyer and /or its permitted
assigns, then after Closing the Property shall be used only for recreation or park land
purposes, and that no other use of the Property, or any portion thereof, shall be
permitted without the express written consent of Seller, which consent may be
granted or withheld in Seller's sole and absolute discretion. All terms, provisions,
and obligations of this paragraph shall expressly survive Closing and shall not merge
therein and all Deeds delivered at Closing will contain language confirming the land
use restrictions set forth herein."
All references in the Contract and /or the Addendum pertaining to Buyer's inspection and
feasibility period and/or any other covenants, obligations and rights of Buyer or Seller which pertain
to such inspection and feasibility period, including, but not limited to, Section 7(B) of the original
Contract and Sections 7 and 11 of the Addendum shall mean and refer to the inspection and
feasibility period as extended hereby. All references in the Contract and/or the Addendum to the
Closing Date, including, but not limited to, Section 9 of the original Contract and Section 8 of the
Addendum shall mean and refer to the extended Closing Date of 5:00 p.m. CDT July 27, 1999.
Notwithstanding any provision of the Contract, as amended, or the Addendum to the contrary,
Closing shall not, in any event, be extended later than 5:00 p.m. CDT July 27, 1999 without the
express written consent of Seller. Except as expressly amended and modified hereby, all of the
covenants and conditions of the Contract, as amended by this Amendment, are ratified and
confirmed by Seller and Buyer.
2. Assignment of Contract. Assignor hereby transfers and assigns to Assignee, its
successors and permitted assigns, all of Assignor's right, title and interest in and to the Contract, as
amended hereby, and Assignee hereby accepts the assignment of the Contract, as amended hereby,
and expressly assumes and agrees to keep, perform and fulfill all of the terms, conditions, and
obligations of Assignor under the terms and provisions of the Contract. In consideration of the
assignment of its interest in the Contract by Assignor, Assignee shall pay to Assignor upon Closing
the sum of $10,600.00 as reimbursement for the $10,000.00 earnest money and $600.00 option fee
paid by Assignor under the Contract.
3. Seller's Consent to Assignment. With its execution of this instrument, Seller
hereby consents to the assignment of the Contract, as amended hereby, to Assignee pursuant to
Paragraph 2 above.
4. Counterparts. To facilitate execution, this instrument may be executed in any
number of counterparts as may be convenient or necessary, and it shall not be necessary that the
signatures of all parties be contained on any one counterpart hereof. Additionally, the parties hereto
agree that a facsimile signature shall be deemed to be an original signature for all purposes.
5. Severability. If any one or more of the provisions contained in this instrument shall
for any reason be held by a court of competent jurisdiction to be invalid, illegal, or unenforceable
in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision in
Second Amendment to Unimproved Property Contract
and Assignment of Contract
587463/062399
•
this instrument and in lieu of such illegal, invalid, or unenforceable provision, there shall be added
as a part of this instrument a provision as similar in terms to such illegal, invalid, or unenforceable
provision as may be possible, and be legal, valid, and enforceable. It is further expressly agreed and
understood that this instrument and the terms, covenants and conditions herein contained shall inure
to the benefit of, and be binding upon, the heirs, personal representatives, partners, venturers,
executors, successors and assigns of the parties hereto.
6. Captions. The captions of sections in this instrument are for convenient reference
only and are not to be construed in any way as part of this instrument.
EXECUTED effective the day and date first hereinabove set forth.
By:
By:
By:
Second Amendment to Unimproved Property Contract
and Assignment of Contract
58746.3/062399
,SELLER:
TRJ NELSON PARTNERSHIP, a Texas general
partnership
Tom E. Nelson, III, Partner
Rebecca B. Nelson, Partner
John C. Nelson, Partner
BUYER/ASSIGNOR:
ROUND ROCK SOCCER ASSOCIATION
Pri nted Name: Iy
Printed 4 Title: g 5 - T fCS
58746.3/062399
ASSIGNEE:
TIC CITY OF ROUND ROCK, TEXAS
By:
Second Amendment to Unimproved Property Contract
and Assignment of Contract
A. Stluka, Jr., Mayo
Y
6 -22 -1999 2:23PM
FROM NELSON INVESTMENTS 512 d67 8558 P.2
EXHIBIT "A" l/ }� }t✓ ! LrG� l
•
Coldwell Banker Richard Smith, Realtors
01 4x1 Y.
PROMULGATED BY THE TI'-XAS REAL ESTATE COMMISSON (TREC)
UNIMPROVED PROPERTY CONTRACT
NOTICE: Not For '.Ise For Condominium Transactions
1. PARTIES: • _ _! m Nelson III (Seller) agrees to sell
and convey to I ouad : ?ecic Soccer Associrtion _ ;Buyer) and Buyer agrees
to buy from Seller the property described below.
2. PROPERTY: Lot TIU Nelson Tract Block 4' 7 2 Acre Willis Donoho Survey /Abstract 173 Addition, City
of Williamson • ' County, Texas, known as
47.72 Ares, Willis Donoho Sn!-vey. Abs :ra :t 1731 Williamson County, Teas (Address/Zip Code), or
as described on attached exhibit, the Property). The Property '0 is ® Is not subject to mandatory
membership in an owners' asscc.inlion. 'ht: TREC Addendum For Property Subject To Mandatory
Membership In An Owners' Assoc ❑ is 0 is not attached.
3. SALES PRICE: r a��
A. Cash portion of Sales Price payable by Buyer at closing....... �y DSO /�1 . . .
B. Sum of all financing described below.. below ................. . .g5Q - • • . . $
C. Sates Price (Sum of A and B) 5q(P15 yygR� . . $
4. FINANCING: Within nve • days after the effective date of this contract Suy%r shall apply for all third party
financing or noteholder's approval of any assumption and make every reasonable effort to obtain financing
or assumption approval. Financing or assumption approval will, be deemed to have been obtained when
the lender determines that 8uy,_r has satisfied all of lender's financial requirements (those items relating
,i 's net orth, income and creditworthiness). If financing or assumption approval is not obtained
w� q� -,. - after the effective date hereof, this contract will terminate and the earnest money will be
to Buyer. Each note to be ?xecuted hereunder must be „secured by vendor's and deed of trust
Initialed for identification by Buyer :! and Se ,!e
Realty One Software. PO Box 2489, Amarillo• TX79105 SSE) 383-85
09 -22.97
ortion of Sales Price not payable in cash will be paid as follows: (Check applicable boxes below)
A. THIRD PARTY FINANCING:
® (1) This contract Is subject to approval for Buyer of a third party loan in an amount not to
exceed CIO % of the Sales Price, evidenced by a third party first lien promissory note of
not less than $ • 5-N3 't 16. • ' due in full in '20 year(s), with interest not to exceed
9 % per annum for the first 20 year(s) o' the loan.
❑ (2) This contract is subject to approval for Buyer of a third party loan in an amount not to
exceed % cf the Sale^ Price, evidenced by a third party second lien promissory note
of not less than $ _ , due in full in __ year(s), with interest not to
%
exceed _ per annum for the first year(s) of the loan.
0 B. SELLER FINANCING: A promissory note fror Buyer to Seiler of $ ' • bearing %
interest per annum, secured by • rendo, s and deed of. trust. liens, in accordance with the terms and
conditions set forth in the attached TI Seller Financing Addendum. If an owner policy of title
insurance is furnished, Buyer shat f isn Seller wits a mortgagee policy of title insurance.
0 C. ASSUMPTION:
0 (1)Buyer shall assume the un.pal1 p, balance of a first lien promissory note payable
to which unpaid
balance at closing will be $ .• Thetotal current monthly payment including
principal, interest and any reserve deposits is $ . Buyer's initial payment
will be the first payment due after closing.
❑ (2)Buyer shall assume the unpaid principal balance of a second lien promissory note
payable to
which unpaid balance at dosing will be - _,_-- _- - - -._- . The total current monthly
payment including print : >l, intct'3s1 and any reserve deposits is $
'IXEC NO.9 -3
N- 026
Pro ide4 by Broker 04,0711999
6 -22 -1999 2:24PM
FROM NELSON INVESTMENTS 512 467 8558 P.3
Unimpro ed Property Contract Concerning 47.72 Acrev, Wilily YY: ^oh Survey. Abstract 173 7C iljlamson County, Page Two 0322 -97
(Ae -Ines of Property)
Buyers initial payment will be the fiat payment due after closing.
Buyers assumption .of an existing note includes all obligations imposed by the deed of trust securing
the note.
If the unpaid principal enieece(s) of any assumed loan(s) as of the Closing Date varies from the
loan balance(s) stated above, the ❑ cash payable at closing 0 Safes Price will be adjusted by the
amount of any variance; provided, if the total principal balance of all assumed loans varies in an
amount greater than $350.00 at closing, either party may terminate this contract and the earnest
money will be refunded to Buyer unless the other party elects to eliminate the excess in the variance
by an • appropriate adjustment at closing If the noteholder requires (a) payment of an assumption fee
in excess of $ in C(1) above or $ in C(2) above and
Seller declines to pay such excess, or (b) an increase in the interest rate to more than % in
C(1) above, or % in C(2) above, or (c) any other modification of the loan documents, Buyer
may terminate this contract and the earnest money will be refunded to Buyer. A vendor's lien and
deed of trust to secure assumption will be required which shall automatically be released on execution
and delivery of a release by'noteholder. if Seller is released from liability on any assumed note, the
vendor's lien and deed of trust tc secure assumption will not be required.
NOTICE TO BUYER: The eeerthly payments, interest rates or other terms of some loans may be
adjusted by the lender at o: afte closing. If you are concerned about the possibility of future
adjustments, do not sign the contract without examining the notes and deeds of trust,
NOTICE TO SELLER: Your liability to pay the note assumed by Buyer will continue unless you obtain
a release of liability from the lender. if you are concerned about future liability. you should use the
TREC Release of Liability Addendum.
❑ D. CREDIT APPROVAL ON ASSUMPTION OR SELLER FINANCING: Within days after
the effective date of this contract, Buyer shall deliver to Seiler ❑ credit report ❑ verification of
employment, including salary 0 verification of funds on deposit in financial institutions 0 current
financial statement to establish Buyer's creditworthiness or assumption approval or seller financing
and ❑
If Buyer's documentation is not delivered within the specified time, Seller may terminate this contract
by notice to Buyer within 7 days weer expiration of the time for delivery, and the earnest money will
be paid to Seller. If this contract ?; net so terminated, Seller will be deemed to have accepted Buyers
credit, if the documentation is timely delivered, and Seller determines in Seller's sole discretion that
Buyer's credit is unacceptable, Seer may terminate this contract by notice to Buyer within 7 days
after expiration of the time for deiive' any: the earnest money will'be refunded to Buyer. If Seller does
not so terminate this contract, Seller will be deemed to have accepted Buyer's credit. Buyer hereby
authorizes ny credit reporting agency to furnish to Seller at Buyer's sole expense copies of Buyer's
credit reports. !9 ;
as earnest money with STEWART TITLE
COMPANY j CONGRESS AVE. SUITE 9200 AUSTIN, TEL 9: 472 - 9231
(Address), as escrow agent, upon ex grill i of this contract by both parties. Additional earnest money
of $ must be deported by Buyer with escrow agent on or before
19 . If Buyer fails to deposit tile earnest money es required by this contract, Buyer will be in default.
6. TITLE POLICY AND SURVEY:
NI A. TITLE POLICY: Seller shall furnish to Buyer at ® Seller's ❑ Buyers expense an owner policy of title
insurance (the Title Policy) 'issued be STEWAa9T TITLE. COMPANY (the
Title Company) in the amount of the Sales Price, dated at or after closing, insuring Buyer against loss
under the provisions of the Title Policy, subject to the promulgated exclusions (including existing
building and zoning ordinances) and the following exceptions:
(1) Restrictive covenants common to the platted subdivision in which the Property is located.
(2) The standard printed exeepti_n for standby fees, taxes and assessments.
5. EARNEST MONEY: Buyer shall deposit
Initialed for identification by Buyer r '__ and Sell
Realty One Software, PO Box 2489, Amarillo. 1X 79105 tb0`: - 3934.515
TREC NO. 9 -3
l■ 026
provid dby. Dndcu 9/0713999
5 -22 -1999 2:25PM
Initialed for identification by Buyer 71� / and Selle
Realty One Software, PO Box 2489, Amarillo, TX 75105 ;238) 383 -15
FROM NELSON INVESTMENTS 512 467 8558 P.
Urumprayed Property Contract Concerning 47.72 Acres Willis !?ouoho Su rvey, Abstract 173 / Williamson County.Pege Three 09 -2247
;Addr..ss of Property)
. (3) Liens created as part of the financ€ :g described in Paragraph 4.
(4) Utility easements created by the r'edication deed or plat of the subdivision in which the Property
is located. •
(5) Reservations or exceptions otherwise permitted by this contract or as may be approved by Buyer
in writing.
(6) The standard printed exception as to discrepancies, conflicts, shortages in area or boundary
lines, encroachments or protrusion::, or overlapping improvements.
(7) The standard printed excel - lion as to marital rights.
(8) The standard printed exception as to waters, tidelands. beaches, streams, and related matters.
Within 20 days after the Title Company receives a copy of this contract, Seller shall furnish to
Buyer a commitment for title insurance (the Commitment) and, at Buyer's expense, legible
copies of restrictive covenants end documents evidencing exceptions in the Commitment other than the
standard printed exceptions. S !ler authorizes the Title Company to mail or hand deliver the
Commitment and related docum 4.3 Buyer at Buyer's address shown below. If the Commitment is
not delivered to Buyer within t led time, the time for delivery will be automatically extended up
to 15 days.
1 B. SURVEY: (Check one bo a. +i�
® (1) Within -4e-- 7 ir't�1`the effective date of this contract, Buyer shall obtain a survey at
Buyer's expense.
0 (2) Within dsvc= after the effective date of this contra ct, Seller shall cause a survey to be
delivered to Buyer at Setter's expense.
❑ (3) Within days after the effective date of this c ontract, Seller will deliver to Buyer the
existing survey plat of the Property dated 19 which 0 will
❑ will not be recertified tc a date subsequent to the effective date of this contract at the
expense of . CI Buyer 0 Seller.
The survey must be made by a Registered Professional Lanc1 Surveyor acceptable to the Title
Company and any lender.
Buyer may object to existing building and z :ning ordinances, items 6A(1) through (8) above and matters
shown on the survey if Buyer determines that any such c item; or matters prohibits the following
use or activity: FOR SOCCER FIELDS AND U'rIi3T1Es
Buyer will have 7 days after the receipt of the latter of the Commitment or survey to object in writing to
matters disclosed in the Commitment or surrey. Buyer's failure to object under Paragraph 6 within the time
allowed will constitute a waiver of Buyer's right to object; except that the requirements in Schedule C of the
Commitment will not be deemed to have teen waived. Seller shalt cure the timely objections of Buyer or
any third party lender within 20 days after Seller receives the objections and the Closing Date will be
extended as nebessary. If objections are not cured by the extended Closing Date, this contract will
terminate and the earnest money will be refunded to Buyer unless Buyer elects to waive the objections.
NOTICE TO SELLER AND BUYER:
(1) Broker advises Buyer to have an ab: "act of title covering the Property examined by an attorney of
Buyer's selection, or Buyer mould s ;e furnished with or obtain a Title Policy. If a Title Policy is
furnished, the Commitment snould be promptly reviewed by an attorney of Buyer's choice due to the
time limitations on Buyer's right to object.
(2) If the Property is situated in a utiii'y or other statutorily created district providing water, sewer, drainage,
or flood control facilities and services, Chapter 49 of the Texas Water Code requires Seller to deliver
and Buyer to sign the statutory notice relating to the tax rate, bonded indebtedness, or standby fee of
the district prior to final execution of this contract.
(3) If the Property abuts the tidally rn ^uer'ced waters of the state, Section 33.135, Texas Natural
Resources Code, requires a-.notice regarding coastal area property to be included in the contract. An
addendum either promulgated by TREC or required by the parties should be used,
TREC NO 9 -3
N 026
Pretided by. Breka0447rl'M7
6 -22 -1999 2:25PM FROM NELSON INVESTMENTS 512 467 8558
Unimproved Property Contract Concerning. 47.72 Acre ?. Willis Dcnoho Survey, Abstract 173 i Williamson Page Four 09 -22 -7
(Add+sss of Property
(4) Buyer is advised that the presence of wetlands, toxic substances, including asbestos and wastes or
other environmental hazards or the presence of a threatened or endangered species or its habitat may
affect Buyer's intended • use of the Property. If Buyer is concerned about these matters, an
addendum either promulgated by TREC or required by the parties should be used.
(5) Unless expressly prohibited in writing by the parties, Seiler may continue to show the Properly for sale
and to receive, negotiate and c pt back -up offers.
7. PROPERTY CONDITION:
A. INSPECTIONS, ACCESS AND `1 i tI.ITIES: Buyer may have the Property inspected by an inspector
selected by Buyer. licensed by TR.:-EC or otherwise permitted by law to make such inspections. Seller
shall permit access to the Property at reasonable times for inspection, repairs and treatment and for
reinspection after repairs and treatmer,t have been completed. Seller shall pay for turning on utilities for
inspection and reinspection.
B. ACCEPTANCE OF PROPERTY CONOi 1:'!ON: NOTICE: Buyer should determine the availability of
utilities to the Property suitable to satisfy 8uver's needs (check one box only):
N E -44) In addition to wy earnest money deposited with escrow agent, Buyer has paid Seller
( $ e - 4W. e (the "Option Fee") for thgifilestricted right to terminate this contract by giving
notice of termination to Seitar withir:y0 -ea- Mys after the effective date of this contract. If Buyer
gives notice of termination within the time specified, the Option Fee will not be refunded,
H R - however, any earnest .money will ee refunded to Buyer. If Buyer does not give notice of
termination within the t'.rne specified, Buyer wiil be deemed to have accepted the Property in its
current condition and the Option Fee will G will not be credited to the Sales Price at closing.
0 (2) Buyer accepts the Property in its present condition.
8. BROKERS' FEES: All obligations of the parties for payment of brokers' fees are cont in separate
written agreements.
A r
IJ T t
.rrs 1
, 1999
9. CLOSING: The closing of the sale will be On or before -144
whichever date is later (the Closing Date). If financing or assumption approval has been •' +•'r -rned pursuant
to Paragraph 4, the Closing Date will be extended up to 15 days 8 necessary to comply with lenders
closing requirements. If either party tails to close this sale by the Closing Date, the non - defaulting party will
be entitled to exercise the remedies contained in Paragraph 15. At closing Seller shall furnish tax
statements or certificates showing no delinquent taxes and a general warranty deed conveying good and
indefeasible title showing no additional exceptions to those permitted•in Paragraph 6.
10. POSSESSION: Seller shall deliver possession of the Property to Buyer at closing and funding.
Initialed for identification by Buyer i"� art: Selle
Realty One Software, PO Box 2489, Amarillo. TX 79105 (888) :-4 .-8515
P.
11.SPECIAL PROVISIONS: (Insert only factual statements and business details applicable to this sale. TREC
rules prohibit licensees from adding factual statements or business details for which a contract addendum,
lease or other form has been promulgated by TREC for mandatory use.) r 11
Sc..
S QG� S IJ'Ov Q,.e�.4 , Rg;U
!
3)V
TREC NO. 9 -3
f9 026
Provided by Broker 04/47/1999
5 -22 -1999 2:26PM
FROM NELSON INVESTMENTS 512 467 8558 P.6
Unimpro3ed Property Contract Concerning 4 Acres, Willis Donobc Survey, Abstract 1731 Williamson County page Flue 09 -22-97
(Address of Property)
12. SETTLEMENT AND OTHER EXPENSES:
A. The following expenses must be paid at or prior to closing:
(1) Appraisal fees will be paid by BUYER
(2) The total of loan discounefees may not exceed °i° of the loan of which Seller shall
pay end Buyer shall pay the remainder. The total of any buydown fees may
riot exceed which will be paid by
(3) Seller's Expenses: Releases of existing liens, incL!ding prepayment penalties and recording fees;
release of Sellers loan liability; tax statements or certificates: preparation of deed; one -half of
escrow fee; and other expenses stipulated to be paid by Seller under other provisions of this
contract.
(4) Buyer's Expenses: Loan application, origination and commitment fees; loan assumption costs;
preparation and recording of deed of trust to secure assumption; (ender required expenses incident
to new loans, including preparation of loan documents, recording fees, tax service and research
fees, warehouse or underwriting fees, copies of restrictions and easements. amortization schedule,
premiums for mortgagee title policie.s and endorsements required by lender, credit reports, photos;
required premiums for flood and hazard insurance; required reserve deposit for insurance premiums
and ad valorem taxes; interest on ai! -vnthly installment notes from date of disbursements to one
month prior to dates of first mor.t iy payments: one -half o escrow fee; and other expenses
stipulated to be paid by Buyer under other provisions of this cor'st
B. If any expense exceeds an amount expressly stated this contract for such expense to be paid by a
party, that party may terminate this e,ontrlct unless the other party agrees to pay such excess. In no
event will Buyer pay charges and fees expn. xsly prohibited by governmental loan program regulations.
13. PRORATIONS AND ROLLBACK TAXES:
A. PRORATIONS: Taxes for the current yea, Interest, maintenance fees, assessments, dues and rents
will be prorated through the Closing Cate. If taxes for the current.year vary from the amount prorated
at closing, the parties shall aoust the prorati,ns when tax statements for the current year are available.
If a loan is assumed and the lender maintains an escrow actzount, the escrow account must be
transferred to Buyer without any deficiency. Buyer shall reimlaefSe Seller for the amount in the
transferred account. Buyer shall pay the premium fdr a new insurance policy. If taxes are not paid at or
prior to closing, Buyer will be obligated to pay taxes for the current year.
B. ROLLBACK TAXES: If this sale or Buyer's use of the Property after closing results in the assessment
of additional taxes, penalties. or ° nterest (Assessments) for periods prior to closing, the Assessments will
be the obligation of Buyer. If. Sellers change in use of the Property prior to closing or denial of a special
use valuation on the Property claimed by Seller results in Assessments for periods prior to closing,
the Assessments will be the obligation of Seller. Obligations imposed by this paragraph will survive
closing.
14. CASUALTY LOSS: If any part of the Property is damaged or destroyed by fire or other casualty loss
after the effective date of the contract, Seller shall restore the Property to its previous condition as soon
as reasonably possible, but in any event by the Closing Date. If Seller fails to do so due to factors beyond
Sellers control, Buyer may either (a) terminate this contract and the earnest money will be refunded to
Buyer (b) extend the time for performance up to 15 days and the 'Closing Date will be extended as
necessary or (c) accept the Property in its damaged condition and accept an assignment of insurance
proceeds. Sellers obligations under this paragraph are independent of any obligations of Seller under
Paragraph 7.
15. DEFAULT: If Buyer fails to comply with this contract, Buyer will i e in default, and Seller may either (a)
enforce specific performance, seek such other relief as may be provided by law, or both, or (b) terminate
this contract and receive the earnest money as liquidated damages, thereby releasing both parties from
this contract. If, due to factors beyond Sellers control, Seller fails within the time allowed to make any
non- casualty repairs or deliver the Commitment, Buyer may either (a) extend the time for performance up
to 15 days and the Closing Date will be extended as necessary or (b) terminate this contract as the sole
remedy and receive the earnest money. If Seller fails to comply with this contract for any other reason,
Initialed for identification by Buyer / and Seller
Realty One Software, PO So: 2a59, Amaril:a, 1X 9105 (886):83-9535
TREC NO. 9 -3
too- 026
Provided by Breccr OW7,1999
6 -22 -1999 2:27PM FROM NELSON INVESTMENTS 512 467 8558
Initialed for identification by Buyer .� 'and Sell
Realty One Software. PO 13ox 2489, Amarillo, TX 9108 (8 ?8) 383$575
fZW
P. 7
Unimpro'ed Property Contract Concerning 47.72 Acr« W t;trz oonoho Survey, Abstract 173 i Williamson County,Page Six 0942 -97
!Address of Property'
Seller will be in default and Buyer May either (a) enforce specific performance, seek such other relief as
may be provided by law, or both, Or (b) terminate this contract and receive the eamest money, thereby
releasing both parties from this contract.
16. DISPUTE RESOLUTION: It is the policy of the State of Texas to r n:ourage the peaceable resolution of
disputes through alternative dispute resolution procedures. The parties are encouraged to use an
addendum approved by TREC to submit to. mediation disputes which cannot be resolved in good faith
through informal discussion. •
17. ATTORNEY'S FEES: The prevailing party ; :e any legal proceeding brought under or with respect to the
transaction described in this contract i7 enticed to recover from the nor prevailing party all costs of such
proceeding and reasonable attorney's fce>.
18. ESCROW: The' earnest money is deposited w°th escrow agent with the understanding that escrow agent
is not (a) a party to this contract and clop:: nc: have any liability for the performance or non performance
of any party to this contract, (b) liable for interest on the earnest money and (c) liable for arty toss of
earnest money caused by the failure of eny financial institution in which the earnest money has been
deposited unless the financial institution is acting as escrow agent. At closing, the earnest money must
be applied first to any cash down payment, then to Buyer's closing costs and any excess refunded to
Buyer. If both parties make written demand for the earnest money, escrow agent may require payment
of unpaid expenses incurred on behalf of the parties and a written release of liability of escrow agent from
all parties. If one party makes erri ten demand for the earnest money, es=crow agent shall give notice of
the demand by providing to the other party a copy of the demand. If 'escrow agent does not receive
written objection to the demand from the other party within 30 days after notice to the other party, escrow
agent may disburse the earnest money to the party making demand reduced by the amount of unpaid
expenses incurred on behalf of the party receiving the earnest money and escrow agent may pay the
same to the creditors. If escrow agent complies with the provisions of this paragraph, each party hereby
releases escrow agent from all adverse claims related to the disbursal of the earnest money. Escrow
agent's notice to the other party will be effective when deposited Jr' the U. S. Mail, postage prepaid,
certified mail, retum receipt requested, addressed to the other party at such party's address shown below.
Notice of objection to the demand wit be deeded effective upon receipt by escrow agent.
19. REPRESENTATIONS: Seller represents that as of the Closing Date (a) there will be no liens,
assessments, or security interests against th'e Property which will not be satisfied out of the sales
proceeds unless securing payme of any loans assumed by Buyer and (b) assumed loans will not be in
default. If any representation n this contract is untrue on the Closing Date, this contract may be
terminated by Buyer and the earnest money will be refunded to Buyer. All representations contained in
this contract will survive closing.
20. FEDERALTAX REQUIREMENT: if Seller is a "foreign person ", as defined by applicable law, or if Seller
fails to deliver an affidavit that Seiler is not a "foreign person ", then Buyer shall withhold from the sales
proceeds an amount sufficient to comply with applicable tax law and deliver the same to the Internal
Revenue Service together with appropriate tax forms. IRS regulation' require filing written reports if cash
in excess of specified amounts is received in the transaction.
21. AGREEMENT OF PARTIES: This contract contains the entire agreement of the parties and cannot be
changed except by their written agreement. -addenda which are a part of this contract are (list)
AGREEMENT FOR MEDIATION. BROKERS SEI+.".FCE AGREEMENT
22. CONSULT YOUR ATTORNEY: Real es'" tte iir:ensees.cannot give legal advice. This contract is intended
to be legally binding. READ IT C,AREF UL -Y. t` you do not understand the effect of this contract, consult
your attorney BEFORE signing.
Buyer's Seller's
Attorney is: Attorney is:
TREC NO. 9 - 3
N 026
Pro.itkd by: Broker U4/07/1991
HE
'6 -22 -1999 2:28PM FROM NELSON INVESTMENTS 512 467 8598
Unimprmed Property Contract Concerning 47,72 Acres, V):0,a t onoho Survey, Abstract 173 /
.. . _ (Address of Property)
23. NOTICES: All notices from one Carty to the other must be in writing and are effective when mailed to,
hand - delivered at, or transmitted by facsimile machine as follows:
To Buyer at: To Seller at:
c/o LOLITA NORBY- AMAZEEN
Buyer
COLDW ELL BANKER RICHARD SMI ?H
609 CASTLE RIDGE RD. #440, AUSTIN, TX 78746
Telephone: ( 512 )328 -8200 X 233
Facsimile: ( 512 I )328 -2559
The form of this contract has been approved b. TPx:S Psal Estate Corr.'aission. Such approve: relates to this contract boo only.
No ierxaseraalion is made as to the legal ,ei:;: ; or adequacy of any provision In any specific transaction. ft is not suitable for complex
Suva ExtensAe riders or 844(90ns are not to be used. Texas Real Estate Commission, P.O. Box. t2188, Austin. TX 78711-2188,
1-800-250-8732 or (512) 459.6544 (http: /:vrv.r ln.c.state.l>.us) TREC NO. 9 -3. This form replaces TREC NO. 9.2.
` �e7�
Asir BROKER INFORMATION AND RATIFICATION OF FEE
has agreed to pay Other Broker THREE. of the total sales price when Listing Broker's
�1 e is received. Escrow Agent is authorized and dir:vcctedto pay Other Broker from Listing Broker's fee at closing.
.Coldweli Banker Richard Smith, Realtors .0 X00 l n
Other Broker License No, Listing Broker License No.
represents ❑ Seller as Listing Broker's subagent represents ❑ Seeer and Buyer as an intermediary
.53 Buyer only as Buyer's agent ❑ Seller only as Seller's agent
kik Associate Broker
/day of
AL ACCEPTANCE. ;
Soccer Association
512/415 -9317
Telephone
609 Castle Ridge, Suite 440 (360 at Bee Cave Road) Austin
Broker Address
512 -328 -8200 512 -323 -2559
Telephone Facsimile
Addre s
kitlerm
City
-
State
Realty One Software, PO Box 2489, Amarillo, TX 79105 (833) 383 -851:e
iiltamson Countv,,Page Seven 0942-97
Telephone: 1__ 12 1467 -7050
Facsimile: f__.5j2, ) 451 -o86s
19 (TFi EFFECTIVE DATE). (BROKER: FILL
rPa ay
•
�
Seller
Seller
Zip C ^de
Listing Associate
Selling Associate Telephone
Broker Address
Telephone Facsimile
RECEIPT -
Receipt of 1 ! Contract and ® $ /O OOO Ea-nest Mc rey in the form of Ci4e 4. 31 D is acknowledged.
Escrow - - . - tom- „� -- 'L _ _ -_ Date: 2/ -/ 5 19 MR
By . - rn _tea • , J
Telephone: j 5rz )
98!0 l Facsimik.' f ‘11--
1
1/7, V-
1/72- 3/61
P. 8
Telephone
TREC NO, 9 -3
N 026
Provided by: Broker 05/07/1998
6 -22 -1999 2:29PM FROM NELSON INVESTMENTS 512 d67 8558
Coldwell Banker Richard Smith, Realtors
PROMULGATED BY THE TEXAS REAL ESTATE COMANSSION (TREC)
AGREEMENT FOR MEDIATION!
ADDENDUM TO CONTRACT CONCERNING THE PROPERTY AT
47.72 Acres, Willis Dcaobo Survey, Williamson Coatlty, Texas
(Si`'eel Address and City)
The parties to the Contract and any broker who signs this addendum agree to negotiate in good faith in an
effort to resolve any dispute related to :l'e Contract that may arise between the parties or between a party and
a broker.
If the dispute cannot be resolved by negot:gtion, the. parties to the dispute shall submit the dispute to mediation
before resorting to litigation.
This Agreement for Mediation will survive closing.
El If the need for mediation arises. the parties to the dispute shall choose a mutually acceptable mediator
and shall share the cost of medation services equally.
❑ If the need for mediation arises, mediation services will be provided by
and the parties to the dispute shall share the cost of mediation services equally.
NOTE: Mediation is a voluntary dispute resolution process in which the parties to the dispute meet with an
impartial person, called a mediator, who would help to resolve the dispute informally and confidentially.
Mediators facilitate the resolution of disputes but cannot impose binding decisions. The parties to the dispute
must agree before any settlement is binding.
Date:
f/� I
3, t2rt,�
Seller
Other Broker Listing Broker
Lolita Norby Amazeen Tom Nelson 111
Buyer
Caldwell Banker Richard Smith, Realtors ..
The form of this addendum has been approved for voluntary use by the Texas Real Estate Commission for use only
with similarly approved or promulgated orms rf contracts. No representation is made-. as to the legal validity or
adequacy of any provision in any specitc transactions. (06-98) Texas Real Estate Commission. P.O. Box 12188,
Austin, TX 78711 -2188, 1- 800 -250 -8732 or (512)459 -6544. (http:dwww.trec.state.tx.us) TREC No. 35-1. This form
replaces TREC No. 35-0.
Redly Ooa Software, PO Box 2459, Amuilb. TX 79105 (SYt) 3434515 No. 001
P. 9
06-15-98
By
Pcx.idcd by; B ruksr04/a7 /1999
6 -22 -1999 2:29PM
FROM NELSON INVESTMENTS 512 d67 8558
SPECIAL PRCMSIONS ADDENDUM TO 1JNIIVIPROVED PROPERTY CONTRACT
$Y TRJ NELSON PARTN ESfff? AS SELLER AND R_OIJ1 D ROCK SOCCER
ASSOCIATION AS BUYER ( "CONTRACT ") FOR A TRACT OF LAND BEING 47.72
+1- ACRES IN WI,LLIA SON COUNTY, TEXAS OUT OF THE
WIL(.IS P.aN.Q19 SURVEY. ABSTRACT 173
Notwithstanding anything; contained ir, the Contract to the contrary, Seller and Buyer agree
as follows:
c•mo e, 11.00
Incorporation of Addendum into r&ntraci .onf!is This Special Provisions Addendum is
made a part of and is t . `..-.read in conjunction with the Contract. .Unless otherwise defined
in these Special Provisions, all capitalized terms used shall have the meaning given to them
in the Contract. In thegyen f an-: conflict between the ternt£.and_nrovisions of this
Special Provisions Ad_d_gndu aid those contained in_theCj ntract, the terms and
provisions of this Special Pr ovisions Addendum are i.ntendeti to he and shall be
construed as controllirt, Unless exn.ressly amended by this Addendum, all other terms and
provisions of the Contact remain in full force and effect as written.
2. Seller. The Seller under the contract is TRJ Nelson Partnership, a Texas general partnership.
3. Sales Price.
a. Cash portion c.( sales trice payable by Buyer at closing: $ 59,650.00
b. Sum of all financing: 536 850.00
c. Sales Price (sum of a and b): 596596 500 0000
4. Financing. If final financing approval is not obtained within sixty (60) days after the
Effective Date, this Contract will terminate and the earnest money will be refunded to
Buyer.
5. Eames Money. Buyer shall deposit Ten Thousand Dollars, (S 10,000.00) as earnest money
with Stewart Title Company at 0 Congress Avenue, Site 200, Austin, Texas 78701,
ATTN: Jim Garrison (telephone 472 - :'231) as escrow agent, upon execution of this Contract
by both parties.
6. Survey. Within thirty (30) days after the effective date of this Contract, Buyer shall obtain
a survey at Buyer's sole cost and expense.
7. Inspection and Feasibility Period Notwithstanding Section 73 and any other provision of
the Contract to the contrary, the time period for Buyer's right to terminate the Contract set
forth in Section 7B of the Contract shall expire on the date which is sixty (50) days after the
Effective Date of the Contract. In addition to the earnest .money deposited with escrow
agent, Buyer shall pay Seller Six Hundred Dollar's ($600.00) (the "Option Fee') for the right
to terminate the Contract 1. :: suant to Section 713, The Option Fee shall be nonrefundable.
-I-
P. 10
6 -22-1090 2.20PM
FROM NELSON INVESTMENTS 512 467 SSS8 r>.11
X Closing Notwithstanding any provision in the Contract (including such piovisiut s
regarding the a ctecsior' - closir., to cure title, survey or other re;aced objections), Closing
shall not, in any event. be e;aended later than the date which is scv.uty -live (75) days after
the Effective Date withov: the express written consent of Sclle If all objections arc not
cured by the date which is seventy -five (75) days tftet the Effective Date and Seller has not
elected in writing to extent:`: the period to cut e such objections, the Contract shall terminate
unless Buyer theft elects to waive objections and immediately proceed: with Closing. At
Closing, Seller shall fin n.tislt a General Warranty Decd conveying the Property to Buyer
subject to such exceptions and other matters as may be reflected in the title commitment and
such exceptions and other matters which are of rccord in Williamson County, Texas or
otherwise applicable tea-he Property.
9. ,$cllcr's Default. Noe : Section 15 and any otb : provision of the Contract to the
contrary, if Seller fail: to comply with the Contract for tr:ason, Buyer's only available
remedies are to either (i) enforce specific performance; or (is) terminate the contract and
receive the Earnest Money, thereby releasing the parties from the Contract. Buyer
understands and agrees that no other remedies, including such remedies as otherwise might
.be available to Buyer by law, will be available to Buyer in regard to this Contract other than
the remedies expressly designated i1 this Addendum paragraph 9.
10 No Representations or Warranties' Conveyance "AS. IS IT IS UNDERSTOOD AND
ACil(EED THAT NEITHER. SELLER NOR ANY PARTY ACTING OR ALLEGEDLY
ACTING FOR OR ON BEHALF OF SELLER IS MAXING, AND THAT SELLER
SPECIFICALLY DISCLAIMS, ANY WARRANTIES OR REPRESENTATIONS OF ANY
KIND OR CHARACTER, EXPRESS OR IMPLIED, WITH RESPECT TO THE
PROPERTY (OTHER THAN AS CONTAINED IN THE WARRANTY OF TITLE
CONTAINED IN THE GENERAL WARRANTY DGED•TO DE DELIVERED BY
SELLER AT CLOSING). BUYER ACKNOWLEDGES THAT BUYER HAS ALREADY
INSPECTED THE PROPERTY OR WILL HEREAFTER INDEPENDENTLY CAUSE
THE PROPERTY TO BE INSPECTED ON ITS BEHALF AND THAT BUYER HAS NOT
RELIED UPON AND WILL NOT RELY UPON ANY REPRESENTATION,
WARRANTY, AGREEMENT. STATEMENT, OR EXPRESSION OF OPINION BY
SELLER OR BY ANY PERSON OR ENTITY ACTING OR ALLEGEDLY ACTING FOR
OR ON BEHALF OF SELLER AS TO THE PROPERTY OR THE CONDITION OF THE
PROPERTY. BUYER ACKNOWLEDGES AND AGREES THAT UPON CLOSING,
SELLER SHALL SELL AND CONVEY TO BUYER A N I) BUYER SH A I I. ACCEPT
'I'HN' ,PROPERTY, "AS IS WHERE IS" WITH ALA. FAULTS, W ANY, AND
WI'I'HO0'I' ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER,
EXPRESS OR IMPLIED. THE TERMS AND CONDITIONS OF THIS PARAGRAPH
SHALL EXPRESSLY SURVIVE THE CLOSING AND NOT MERGE THEREIN. ALL
DEEDS DELIVERED AT CLOSING WILL CONTAIN LANGL'.AGE CONFIRMING
THE ACKNOWLEDGKENTS AND AGREEMENTS SE ' FORTH IN THIS SECTION.
11. Jirmectinfr Additi si I Obli. stiuos of zlu +'ct. Fut a tithe puiud of sixty
(60) days after the efec ::e data (unless the Contract is sooner r.rminatcd), Buyer shall have
the privilege of entering 1.',e. i' aperty at Buyer's sole risk for the purpose of conducting
54402.3/041499
54402.3/041499
6 -22 -1999 2:31PM
File number : 99040299 Date : 04/15/1999
Received from : ROUND ROCK SOCCER ASSOCIATION
Cash: ( ) Checr (X)
Collection
FROM NELSON INVESTMENTS 512 467 8558 P.12
STEWART TITLE AUSTIN
Escrcw Receipt
Cashier - Check: ( )
Bank : FIRST TEXAS BANK
Account Number : 114904746
P.ecei •� d by : JE.NNI'r'CR SCHULLE
Escrow Unit : 32 Bank ID RPB
..,ly�. TC...r0161 '... ^ .2.�.
ROUND ROCK SOCCER .aSS i(( N
P. O. 80
ROUNO ROCKY
Paytothe
order of
•
{
gym ,.
FIRST lam BANK
For
t: L LL. 40 3 1.30
11•050.ci L6t+. 211
w. ®
Date 4 , -
$ LC 00 'a ..
B or-. Bair
REQWRED
NO. 03205690
Amount : $10,000.00
• 3.130.
2 :J 1 PM
12. Rollbacks. Notwithstanding Section 13(B) and any other provision of the Contract to the
contrary, if the sale co tterrplate by the Contract or the use of the Property after Closing
results in the assessment of additional taxes for periods prior to Closing, any and all such
additional taxes shall be the sole obligation of Buyer. Obligations imposed by the paragraph
shall survive dosing.
13. Contract Subject to Lease Buyer and Seller acknowledge and agree that the Property is
currently under share crop agricultural lease to Roland Wieland, and that this Contract is
subject to such lease arrangement. Notwithstanding any provision of the Contract to the
contrary, Buyer and Seller further acknowledge and agree that Roland Wieland will be
allowed to continue to farm the Property and harvest the current crop, which harvest is
anticipated prior to the end of June. Prior to closing, Buyer, Seller and Roland Wieland
shall enter into a letter agreement ( "Letter Agreement ") permitting Roland Wieland to
complete the harvest the current crop and providing that Seller pay all of landlord's expenses
and that Seller receive landlord's full share of all crop rents and other benefits pertaining to
such lease arrangement. The terms of the Letter Agreement are incorporated herein by
reference.
14. No Commissions. Seller and Buyer each represent and warrant to the other that except as
expressly provided in the Contract, no real estate brokerage commission is payable to any
person or entity in connection with the transaction conternpla ed hereby and each agrees to
S&i( Ltu l a.
FROM NELSDN 1NvLSTMENTS 512 d67 8bb8
inspections, examinations and other related activities as Buyer deems necessary. All
inspections, examinations and related activities shall be at Buyer's sole risk, cost and
expense and Buyer agrees to indemnify and hold Seller harmless from any and all such costs
and expenses. BUYER FURTHER AGREES TO INDEMNIFY AND HOLD SELLER
HARMLESS FROM AND AGAINST ANY LIENS, CLAIMS, OR DAMAGES,
INCLUDING, WITHOUT LIMITATION, ANY AND ALL DEMANDS, ACTIONS OR
CAUSES OF ACTION, ASSESSMENTS, LOSSES, COSTS, LIABILITIES, INTEREST
AND PENALTIES, AND REASONABLE ATTORNEY'S FEES SUFFERED OR
INCURRED BY SELLER AS A RESULT OF BUYER'S CONDUCT OF ANY
INVESTIGATIONS, EXAMINATIONS, ENGINEERING AND FEASIBILITY STUDIES
AND /OR ANY OTHER ACTIVITIES OF BUYER OR BUYER'S EMPLOYEES OR
AGENTS ON THE PROPERTY. Buyer shall not disturb the condition of the Property in
the course of such activities, and if Buyer does not close the purchase of the Property for any
reason, then Buyer will repair, or cause to be repaired, any damages caused by any activities
of Buyer or Buyer's employees or agents on the Property and restore the Property to the
condition which existed prior to any inspections, tests, or other activities of Buyer or Buyer's
employees or agents thereon. If the Contract is terminated for any reason by any party,
Buyer will deliver to Seller copies of all studies, reports, surveys, tests, and other materials
of any kind or nature delivered to or generated for or by Buyer in connection with Buyer's
examination of the Property (collectively the "Review Materials "), all of which shall be
deemed to have been assigned and ccnveyed by Ruyer to Seller. All obligations of Buyer
in this paragraph will survive the closing or termination of this Contract, will be binding on
Buyer and its successors and assigns, and must be fully performed by Buyer to Seller's
reasonable satisfaction before :ye Earnest Money may be refunded to Buyer for any reason.
-3-
P. 13
»_ 4 5CNM rKUM NLLSUN INVESTMENTS 512 467 8558
4 -t5 -1989 10:32AM FROM AVON CLEANERS 21'4 521 4498
and does hereby indemnify and hold the other harmless against the payment of any
commission to any person or entity claiming by, through or under Seller or Buyer, u
applicable. This indemnification shall survive Closing.
15. Antoritt Buyer and the person() executing the Contract on behalf of Buyer represent and
warrant to Seller that the person(s) tiarecuting the Contract on behalf of Buyer have full and
complete authority to eruct into she Contract on behalf of Buyer. and that the Contract binds
Buyer. Seller and the person(s) executing the Contract on behalf cf Seller represent and
warrant to Buyer that the person(s) executing the Contract on behalf of Seller have full and
complete authority to enter into the Contract on behalf of Seller, end that the Contract binds
Seller. I
16. Cooperation and Further Asxurance. Each of the parties will fully, cooperate with the other
in good faith to execute any and all reasonable documents and to perform all actions
reasonably necessary or appropriate to effect the consummation of the transactions
coraeruplated by this A t1andu.zs end/or Ite. Contract. both before and after Closing.
17. Ate. This Contract must be aceepted by Buyer by delivery of a signed original of
the Contract and this Addendum to Seller on or before 5:00 PM CDT out April 15, 1999
("Acceptance Deadline"). If Seller'; offer is not ao accepted on or before the Acceptance
Deadline, Seller's offer to sell the Property shall be deemed withdrawn and of rho further
force or effect unless Seller shall end the Acceptance Deadline by written notice to Buyer.
EXECUTED to be effective the date of the Contract (the "Effective Date").
SELLER: T1LJ NELSON PARTNERSHIP, a Texas
general partnership
54 Y0i1f99
-4-
By.
Tom E. Nelson, 111 Partner
By:
Rebecca B. Nelson, Partner
By:
BUYER: ROUND ROC S e ASSOCIATION
By:
Primed Nam " r i w (o / (i✓
Title: Fc �� °S .G f
6 -22 -1999 1 58P
FROM NELSON INVESTMENTS 512 467 8558 P.5
EXHIBIT "B"
FIRST AMENDMENT TO UNIMPROVED PROPERTY CONTRACT
This First Amendment to Unimproved Property Contract ( "Amendment ") is entered into by
and between TRI NELSON PARTNERSHIP, a Texas general partnership, as seller ( "Seller "), and
ROUND ROCK SOCCER ASSOCIATION as buyer ("Buyer ") and is dated effective June /a
1999.
RECITALS
A. Seller and Buyer entered into that certain Unimproved Property Contract
("Contract "), including the Special Provisions Addendum attached to and incorporated into the
Contract as part thereof (the "Addendum "), which were both received and receipted by Stewart
Title Austin, Inc. (the "Title Company") on April 15, 1999, whereby Seller agreed to sell and Buyer
agreed to purchase 47.413 acres of land, more or less, out of the Willis Donaho Survey, Abstract
No. 173, in Williamson County, Texas, as more fully described in the Contract to which reference
is hereby made for further description (the "Property ").
B. Seller and Buyer desire to amend the Contract and Addendum to extend the
inspection and feasibility period.
AGREEMENT:
In consideration of TEN AND NO /100 DOLLARS ($10.00) and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, Seller and Buyer do
hereby amend the Contract and Addendum by extending the Buyer's inspection and feasibility
period (and right to terminate the Contract in conjunction therewith), until 5:00 p.m. CST June 26,
1999. All references in the Contract and/or the Addendum pertaining to Buyer's inspection and
feasibility period and /or any other covenants, obligations and rights of Buyer or Seller which pertain
to such inspection and feasibility period, including, but not limited to, Section 7(B) of the original
Contract and Sections 7 and 11 of the Addendum shall mean and refer to the inspection and
feasibility period as extended hereby.
Except as expressly amended and modified hereby, all of the covenants and conditions of
the Contract, as amended by this Amendment, are ratified and confirmed by Seller and Buyer.
To facilitate execution, this Amendment may be executed in any number of counterparts as
may be convenient or necessary, and it shall not be necessary that the sig natures of all parties be
contained on any one counterpart hereof. Additionally, the parties hereto agree that a facsimile
signature shall be deemed to be an original signature for all purposes.
First Amendment to Unimproved Property Contract
586491/060999
6 -22 -1999 1:S8PM
FROM NELSON INVESTMENTS 512 d67 8558 P. 6
EXECUTED effective the day and date first hereinabove set forth_
First Amendment to Unimproved Property Contract
50049.1/060999
SELLER.
TRJ NELSON PARTNERSHIP, a Texas general
partnership
By: 2 r
By;
By:
BUYER'
Tom E. Nelson, III, Partner
Rebecca B. Nelson, Partner
4 0Lt, ‘ . C )
n C. Nelson, Partner
ROUND ROCK SOCCER ASSOCIATION
By:
Printed Nave:
Title:
//
AfIRMErgr
6722 -1999 1,56PM FROM NELSON INVESTMENTS 512 d67 8558
EXHIBIT ;'C"
SECOND AMENDMENT TO UNIMPROVED PROPERTY CONTRACT
AND ASSIGNMENT OF CONTRACT
This Second Amendment to Unimproved Property Contract and Assignment of Contract (the
"Second Amendment ") is entered into by and between TRJ NELSON PARTNERSHIP, a Texas
general partnership ('Seller), ROUND ROCK SOCCER ASSOCIATION ( "Buyer" and
"Assignor") and THE CITY OF ROUND ROCK, TEXAS, a
("Assignee ") and is dated effective June . 1999.
RECI AL,S:
A. Seller and Buyer entered into that certain Unimproved Property Contract
(`Contract."), including the Special Provisions Addendum attached to and incorporated into the
Contract as part thereof (the "Addendum "), which were both received and receipted by Stewart
Tide Austin, Inc. (the 'Title Company") on April 15,1999, whereby Seller agreed to sell and Buyer
agreed to purchase 47.413 acres of land, more or less, out of the Willis Donaho Survey, Abstract
No 173, in Williamson County, Texas, as more fully described in the Contract to which reference
is hereby made for further description (the "Property").
B. Pursuant to that certain First Amendment to Unimproved Property Contract effective
June . 1999 (the "First Amendment"), Seller and Buyer amended the Contract and Addendum
by extending Buyer's inspection and feasibility period.
C. Pursuant to the terms and conditions hereof, the parties hereto desire: (i) Buyer and
Seller to further amend the Contract and Addendum to extend the inspection and feasibility period
and the Closing Date, and (ii) Assignor to assign to Assignee its interest in the Contract, as amended
by the First Amendment and this Second Amendment.
AGREEMF,NT;
1. A sedge t of Contract In consideration of TEN AND NO /100 DOLLARS
($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties hereto agree as follows: Seller and Buyer do hereby amend the Contract
and Addendum by (i) extending the Buyer's inspection and feasibility period (and right to terminate
the Contract in conjunction therewith, until 5:00 p.m. CST July 12, 1999, and (ii) extending the
Closing Date for the Contract until 5:00 p.m. CST July 27, 1999. All references in the Contract
and/or the Addendum pertaining to Buyer's inspection and feasibility period and/or any other
covenant?, obligations and rights of Buyer or Seller which pertain to such inspection and feasibility
period, including but tot limited to Section 7(B) of the original Contract and Sections 7 and 11 of
Second Amendment to Unimproved Property ty Contract
and Assignment of Contract
st 46.rroaosvv
P. 2
6--22 -1999 1.57PM FROM NELSON INVESTMENTS 512 467 8558
Second Amendment to Unimproved Property Contract
and Assignment of Contract
97.6.r106t999
•
the Addendum shall mean and refer to the inspection and feasibility period as extended hereby. AU
references in the Contract and/or the Addendum to the Closing Date, including, but not limited to,
Section 9 of the original Contract and Section 8 of the Addendum shall mean and refer to the
extended Closing Date of 5:00 p.m. CST July 27, 1999. Notwithstanding any provision of the
Contract, as amended, or the Addendum to the contrary, Closing shall not, in any event, be extended
later than 5:00 p.m. CST July 27, 1999 without the express written consent of Seller. Except as
expressly amended and modified hereby, all of the covenants and conditions of the Contract, as
amended by this Amendment, axe ratified and confirmed by Seller and Buyer.
2. „A..i.garnera of Contract. Assignor hereby transfers and assigns to Assignee, its
suc and permitted assigns, all of Assignor's right, title and interest in and to the Contract, as
amended hereby, and Assignee hereby accepts the assignment of the Contract, as amended hereby,
and expressly assumes and agrees to keep, perform and fulfill all of the terms, conditions, and
obligations of Assignor under the tams and provisions of the Contract.
3. Seller's Senz:Lcauguathmiggraza With its execution of this instrument, Seller
hereby cements to the assignment of the Contract, as amended hereby, to Assignee pursuant to
Paragaph 2 above.
4. g nE mns. To facilitate execution, this instrument may be executed in any
number of counterparts as may be convenient or necessary, and it shall not be necessary that the
sigaatures of all parties be contained on any one counterpart hereof. Additinn211y, the parties hereto
agree that a facsimile signature shall be deemed to be an original signature for all purposes.
5. Severahility, If any one or more of the provisions contained in this instrument shall
for any reason be held by a court of competent jurisdiction to be invalid, illegal, or unenforceable
in any respect, such invalidity, illegality, or =enforceability shall not affect any other provision in
this instrument and in lieu of such illegal, invalid, or unenforceable provision, there shall be added
as a part of this Mammon a provision as similar in terms to such illegal, invalid, or unenforceable
provision as maybe possible, and be legal, valid, and enforceable. It is further expressly agreed and
understood that this instrument and the terrors, covenants and conditions herein containers shall inure
to the benefit of, and be binding upon, the heirs, personal representatives, partners, venturers,
executors, successors and assigns of the parties hereto.
6. Captions. The captions of sections in this instrument are for convenient reference
only and are not to be construed in any way as part of this instrument
1 ea./ 141 Q// fl4f4 4pEt ,44 "Alen aty Are `44
5V
3 rarliee-f' / ''
Ge ,recaEyL 04i1 / a"? , a 4' 44, 'ere
P. 3
6 -22 -1999 1:58PM FROM NELSON INVESTMENTS 512 d67 8558
yVa• �,,. JJ l a . V / 1 KV1a.nKrtuIUJs LKVWI, VnvsJ 1U :312Y J32 JOii
EXECUTED effective the day and dare first hereinabove set forth.
HUM
TRJ NELSON PARTNERSHIP, a Texas general
pip
By:
By:
By;
Second Amendment to Unimproved Property Contract
and Assipunent of Contract
5a7a6.1/060999
B' RJASSTGNOR-
ROUND ROCK SOCCER ASSOCIATION
By:
Printed Name -
Title-
ASSIGNTEE:
Toni E. Nelson, W. Partner
Rebecca B. Nelson, Partner
John C. Nelson, Partner
THE CITY OF ROUND ROCK, TEXAS, a
By:
Printed Name:
Title:
P. d
DATE: June 21, 1999
SUBJECT: City Council Meeting — June 24, 1999
ITEM: 10.E.2. Consider a resolution authorizing the Mayor to execute a real estate
contract with Nelson Investments to purchase approximately 48 acres
of land adjacent to Old Settlers Park Staff Resource Person: Sharon
Prete, Parks and Recreation Director.